Manikandan v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Manikandan, S/o.Alagan ... Petitioner/Sole Accused

Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, All Women Police Station, Manamadurai, Sivagangai District. (Crime No.16 of 2025) ... Respondent/Complainant

For Petitioner : Mr.Vishnu J,

Advocate

For Respondent : Mr.S.Prakash,

Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.16 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 5(l), 5(n), 5(j)(ii) and 6 of the Protection of Children from Sexual Offences Act, 2012 r/w. Section 9 of the Prohibition of Child Marriage Act, 2006 in Crime No.16 of 2025 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the victim girl is aged about 15 years. It was reported that she was taken by a relative for treatment to Government Rajaji Hospital, and thereafter, it was found that the victim girl was subjected to sexual assault by the petitioner. Further, it revealed that the petitioner married the victim girl on 17.11.2024, even though she was a minor, and had physical intercourse. Hence, a case has been registered.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. He, however, submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

¶4The learned Government Advocate (Criminal Side) submitted that the petitioner is the sole accused in this case, and the de-facto complainant is the mother of the victim girl. He further submitted that the statement of the victim has been recorded under Section 183 of BNSS, and the investigation in this case is still pending. Hence, he opposed to grant anticipatory bail to the petitioner.

¶5Taking into consideration the facts and circumstances of the case, the gravity of the offence allegedly committed by the petitioner, and also taking note of the fact that the investigation in this case is still pending, this Court is not inclined to grant anticipatory bail to the petitioner at this stage.

¶6Accordingly, this Criminal Original Petition is dismissed.

sd/-

14/07/2025

/ TRUE COPY /

/08/2025

Sub-Assistant Registrar ( C.S. I / II / III / IV )

Madurai Bench of Madras High Court,

Madurai - 625 023. mkn TO

1.The Inspector of Police, All Women Police Station, Manamadurai, Sivagangai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.10159 of 2025 Date :14/07/2025

SBN/18.08.2025 3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023