Manikandan v. The State of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.05.2026 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Manikandan ... Petitioner/ Accused No.1

Vs The State through The Sub Inspector of Police, Theni Town Police Station, Theni District. (Crime No.301 of 2026) ... Respondent/

Complainant (cause title amended vide Court order dated

29.05.2026 made in Crl.M.P.(MD)No.9994 of 2026 in Crl.O.P.(MD)No.9857 of 2026) For Petitioner : Mr.S.Malaikani, Advocate. For Respondent : Mr.S.Siva Subramanian, Counsel for State of TN (Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Section 482 of B.N.S.S. PRAYER :- For Anticipatory Bail in Crime No.301 of 2026 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioner/accused No.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Section Girl Missing altered into Section 87 BNS, Section 5(l) r/w 6, 17 of POCSO Act and Sections 9 and 10 of Child Marriage Act, in Crime No.301 of 2026, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on

05.05.2026, the defacto complainant's minor daughter was found missing and a case came to be registered under girl missing and thereafter, they came to know that the victim girl and the petitioner / first accused got married.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner and the victim girl were in love and that the victim girl is aged 17 years 11 months.

4.The learned Counsel for State of TN (Criminal Side) appearing for the respondent police would submit that the victim girl was found with the petitioner and subsequently, she was produced before the Court and sent to home and that the victim girl is aged 17 years 11 months. He would further submit that the petitioner is not having any previous cases.

5.Considering the facts and circumstances and also the facts that the victim girl is aged 17 years 11 months and that the petitioner is not having any previous cases, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Special Court for Exclusive Trial of POCSO Act cases, Theni, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that: [a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b]the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; [c]the petitioner shall not tamper with the evidence or witness either during investigation or trial; [d]the petitioner 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 petitioner 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];

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS, 2023.

(K M S J)

29.05.2026 (1/2) CSM TO

¶1The Sessions Judge, Special Court for Exclusive Trial of POCSO Act cases, Theni.

¶2The Sub Inspector of Police, Theni Town Police Station, Theni District.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLeOP(MD).eNo.9857eofe2026 eeeeeeeeeeeeeeeeeeeeeeeee K.MURALIeSHANKAR,J eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeCSMe eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeORDER eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeIN eeeeeeeeeeeeeeeeeeeeeeeCRLeOP(MD).eNo.9857eofe2026 eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeDateee:e29.05.2026