Vijayasankar v. State Rep By, the Inspector of Police

ORDER The petitioner apprehends arrest for the alleged offence under Sections 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006 in Crime No.25 of 2026 on the file of the respondent police seeks anticipatory bail. Page2 of 5

¶2The case of the prosecution is that a child marriage was solemnised between the petitioner, aged 27 years, and the victim, aged 16 years. Hence, the case.

¶3The learned counsel for the petitioner submits that the petitioner and the victim were well known to each other, their relationship was entirely consensual, and the petitioner's family was under the impression that the victim was aged 19 years. He further submits that the petitioner is ready to abide by any condition that may be imposed by this Court. Hence, he prays that the petitioner be granted anticipatory bail.

¶4The learned Government Advocate (Criminal Side), appearing for the respondent police, reiterated the prosecution's case and submits that there are no adverse antecedents against the petitioner. He further submits that the victim is currently residing with her parents; however, he opposed the grant of anticipatory bail to the petitioner.

¶5I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record. Page3 of 5

¶6Considering the submissions made by the learned Government Advocate (Criminal Side) that the victim girl is currently residing with her parents, this Court is of the firm view that custodial interrogation of the petitioner is not required at this stage. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Additional Mahila Court, Salem District on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; Page4 of 5

(c) The petitioner shall report before the respondent Police, daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 06-08-2026 Index: Yes/No Speaking/Non-speaking order VEDA To

1.The Additional Mahila Court, Salem District.

2.The Inspector of Police, All Women Police Station (AWPS), Sooramangalam, Salem District.

3.The Public Prosecutor, High Court of Madras. CRLoOPoNo.o21498oofo2026 C.KUMARAPPAN,oJ. VEDA CRLoOPoNo.o21498oofo2026 06-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Vijayasankar ..Petitioner Vs State Rep By, The Inspector of Police, All Women Police Station (AWPS), Sooramangalam, Salem District. [Crime No. 25 of 2026] ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on anticipatory bail in the event of his arrest by respondent police in Crime No. 25 of 2026, registered for the offences under Sections 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006 on the file of the Inspector of Police, All Women Police Station, Sooramangalam, Salem City. For Petitioner: Mr.R.K. Gandhi For Respondent: Mr.N.Palanivel Government Advocate (Crl.Side)