Praveen Kumar v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.01.2025

CORAM

THE HON'BLE MR. JUSTICE G.R.SWAMINATHAN Praveen Kumar ... Petitioner Vs.

The State represented by, The Inspector of Police, All Women Police Station, Tiruvallur, Tiruvallur District.

(Crime No.20 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.20 of 2024, pending investigation on the file of the respondent Police.

For Petitioner :

Mr.B.Gopalakrishnan For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

Heard the learned counsel on both sides.

1/5

2. The petitioner stands accused in Crime No.20 of 2024 on the file of the respondent Police for the offences punishable under Sections 294(b), 323, 313, 376(2)(n), 417, 354C, 377, 506(1) of IPC r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act. The petitioner was arrested on 22.12.2024

3. Though the offences have been committed by the person on a woman, the prima facie appears to be a case of consensual relationship. The petitioner, through his counsel, gives an undertaking before this Court that he will not get in touch with the victim or her family till the disposal of the criminal case. The petitioner further undertakes to file an Affidavit to that effect before the satisfaction Court after he comes out on bail.

4. Taking into account the nature of relationship between the parties, the period of incarceration undergone by the petitioner and the undertaking given by the petitioner through his counsel, this Court is inclined to grant bail to the petitioner subject to the following conditions. 2/5

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Additional Mahila Court, Tiruvallur and on further conditions that;

[b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[c] the petitioner shall report before the respondent police everyday at 10.00 a.m. until further orders; [d] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[e] the petitioner shall not abscond either during investigation or trial;

[f] 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[g] On breach of any of the aforesaid conditions, the learned Judicial 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 3/5

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].

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

17.01.2025 ham To

1. The Additional Mahila Court, Tiruvallur.

2. The Inspector of Police, All Women Police Station, Tiruvallur, Tiruvallur District.

3. The Superintendent, Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

4/5

G.R.SWAMINATHAN., J.

ham 17.01.2025 5/5