Judgment · High Court
Case at a glance
Outcome
Allowed
Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No
Provisions considered
Key paragraphs
- Para 66. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate…
Judgment
Cause title
CRL OP(MD). No.1966 of 2026BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 03/02/2026PRESENTThe HONOURABLE MRS. JUSTICE S.SRIMATHYCRL OP(MD). No.1966 of 20261. Dhanalakshmi2. Selvarani ... Petitioners
/Accused VsState of Tamilnadu Rep by, The Inspector of Police, All Women Police Station, Sivakasi, Virudhunagar District. Crime No.29 of 2025. ... Respondent
/Complainant For Petitioners : Mr.S Babu, Advocate. For Respondent : Mr.S.S.Manoj, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :- For Anticipatory Bail in Crime No.29 of 2025 on the file of the Respondent Police.1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.1966 of 2026
ORDER :
The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 9 and 10 of Child Marriage Act, 2006 and Section 5(1) r/w. 6, 16 nd 17 of Protection of Child from Sexual Offences Act, 2012, in Crime No.29 of 2025, seek anticipatory bail.
The case of the prosecution is that on 28.06.2023, the petitioners along with other accused facilitated a child marriage between the first accused and the defacto complainant. Hence, the case.
The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.
The learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that the petitioners along with other accused 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.1966 of 2026facilitated a child marriage between the first accused and the defacto complainant.
Taking into consideration of the facts and circumstances of the case and also considering the fact that it is case of child marriage, this Court is inclined to grant anticipatory bail to the petitioners.
Operative part
Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Sivakasi, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (a) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.1966 of 2026(b) the petitioners shall report before the respondent police as and when required for interrogation; (c) the petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the petitioners shall not abscond either during investigation or trial; (e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023. (S S Y J) 03.02.2026jbr4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.1966 of 2026TO1. The Judicial Magistrate No.I, Sivakasi. 2. The Inspector of Police, All Women Police Station, Sivakasi, Virudhunagar District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.1966 of 2026 S.SRIMATHY,J jbr ORDER IN CRL OP(MD) No.1966 of 2026 Date : 03/02/20266/6
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No
Which statutory provisions did this judgment involve?
Child Marriage Act, 2006 — ss. 9, 10; Sexual Offences Act, 2012; Bharatiya Nyaya Sanhita, 2023 — s. 269.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.