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Madras High Court
Karunan Alias Karunanidhi vs State Rep By The Inspector Of Police on 22 May, 2026
CRL OP No.13378 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CRL OP No. 13378 of 2026
Karunan @ Karunanidhi
S/o. Karuppiah
2/369-D, Kanchiyappan Street,
Pirappanvalasalai,
Ramnad Taluk and District 623 516. ...Petitioner/Single Accused
Vs
The Inspector of Police,
Thiruthuraipoondi Police Station,
Tiruvarur District.
Crime No.115 of 2026 ...Respondent/Complainant
PRAYER :- Criminal Original Petition filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest
bail to the petitioner in Crime No.115 of 2025 on the file of the respondent
police.
For Petitioner : Mr.Palanivel Nadimuthu
For Respondent : Mr.S.Yogaraja Sekar
Counsel for Government of Tamil Nadu
(Criminal Side)
ORDER
This Criminal Original Petition has been filed by the petitioner/single
accused on 19.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.
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2. The petitioner/single accused, apprehends arrest at the hands of the
respondent-police for the offences punishable under Sections 79 of Juvenile
Justice Act, 2015 r/w Section 14(1) of the Child Labour and Adolescent Labour
(Prohibition and Regulation) Act, 1986 r/w Sections 9, 16 and 17 of the Child
Labour System (Prohibition) Act, 1976, r/w Section 143(iv) (370 of IPC) of
Bharatiya Nyaya Sanhita (BNS) Act, 2023, in Crime No.115 of 2026 on the file
of the respondent-police.
3. The case of the prosecution is that the petitioner has purchased the
victim boy for Rs.40,000/- as bonded labour from his mother and has engaged
him as Goat Shepherd. Hence, the case.
4. Mr.Palanivel Nadimuthu, the learned counsel for the petitioner,
submits that the petitioner is an innocent person and he has not committed any
offence as alleged by the prosecution. He further submits that the child was
employed only as a seasonal worker. Further, without prejudice to his defence,
the petitioner is ready and willing to give a sum of Rs.50,000/- (Rupees Fifty
thousand Only) as compensation to the victim boy for his rehabilitation.
Accordingly, he prays to grant an order of pre-arrest bail to the petitioner.
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5. Per contra, Mr.S.Yogaraja Sekar, the learned Counsel for Government
of Tamil Nadu (Criminal Side) appearing for the respondent-police, reiterated
the prosecution case and he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. In view of the facts and circumstances, with a view to give one more
opportunity to the petitioner to reform himself, this Court is inclined to grant an
order of pre-arrest bail to the petitioner. However, subject to the following
conditions:
(i) The petitioner shall be released on pre-arrest bail in the event of his
arrest or in the event of his surrender before the learned Judicial Magistrate
Tiruthuraipoondi within a period of 15 days from the date on which the order
copy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten
Thousand only) along with two sureties each for a like sum of Rs.10,000/-
(Rupees Ten Thousand only) to the satisfaction of the learned Judicial
Magistrate, Tiruthuraipoondi.
(ii) The sureties shall affix their photographs and left thumb impression
in the Application for Suretyship [Judicial Form No.46 annexed to 'The
Criminal Rules of Practice, 2019']. The learned Judicial Magistrate shall obtain
a copy of any one of identity proofs to ensure their identity.
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(iii) The petitioner shall give a sum of Rs.50,000/- (Rupees Fifty
Thousand Only) as compensation to the victim boy without prejudice to his
defence within 15 days from the date of receipt of a copy of this order by way
of Demand Draft drawn in favour of the mother of the victim;
(iv) The learned Judicial Magistrate, Tiruthuraipoondi shall send the
demand draft directly to the victim boy's mother or through the Legal Services
Authority, Namakkal District.
(v) The petitioner shall appear and sign before the respondent-police
weekly once i.e., on every Monday at 10.00 a.m. until further orders.
(vi) The petitioner shall make himself available for interrogation by a
police officer as and when required.
(vii) The petitioner shall not, directly or indirectly, make any inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade them from disclosing such facts to the Court or to any police officer.
(viii) The petitioner shall also not, directly or indirectly, cause any threat
to the defacto complainant and witnesses and shall not tamper the evidence.
(ix) The petitioner shall not leave India without the previous permission
of the Court.
(x) The petitioner shall furnish his residential address and mobile number
to the concerned Magistrate.
(xi) On breach of any of the aforementioned conditions, the learned
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Judicial Magistrate or Trial Court, as the case may be, is entitled to pass
appropriate orders against the petitioner in accordance with law as if the
aforementioned conditions are imposed by them as laid down by the Hon'ble
Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the
conditions stated supra.
9. For Reporting Compliance, list the matter on 15.06.2026.
22-05-2026
dk/srm
Note:-
1.Registry is directed to forthwith upload this
order in the official website of this Court.
2.All concerned to act on this order being
uploaded in official website of this Court
without insisting on certified hard copies.
To be noted, this order when uploaded in
official website of this Court will be
watermarked and will also have a QR
code.
To
1. The Judicial Magistrate,
Tiruthuraipoondi.
2. The Inspector of Police,
Thiruthuraipoondi Police Station,
Tiruvarur District.
3. The Public Prosecutor,
High Court of Madras,
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Chennai – 600 104.
R.SAKTHIVEL, J.
dk/srm
22-05-2026
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