Kennit Raj v. The State 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 Kennit Raj ... Petitioner Vs.

The State represented by, The Inspector of Police, W-22, All Women Police Station, Mylapore, Chennai - 600 011.

(Crime No.15 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.15 of 2024, pending investigation on the file of the respondent Police.

For Petitioner :

Mr.N.Kamaraj For Respondent :

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

O R D E R

Heard the learned counsel on either side.

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2. The petitioner stands accused in Crime No.15 of 2024 on the file of the respondent for the offences punishable under Sections 296, 75, 76, 351(2) of BNS and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act and he was arrested on 25.12.2024

3. The petitioner claims to be the Father managing a Church, he is said to have misbehaved with a lady. The allegations made against the petitioner are serious and the prima facie appears to have misused the trust imposed on him by a devotee. The petitioner through his counsel gives solemn undertaking before this Court that he will not get in touch with the victim or her family ever again in future till the disposal of the case. The petitioner undertakes to file an Affidavit before the satisfaction Court after he comes out on bail. The petitioner through his counsel further undertakes that he will stay at Vellore and sign before the Vellore Town Police Station at 10.00 a.m., for a period of 60 days and he will not apply for relaxation or modification of this condition.

4. Though the serious nature of allegation is made against the petitioner, his continued incarceration will not serve any purpose. Recording the 2/5

undertaking given by the petitioner through his counsel and taking into account the over all facts and circumstances, this Court is inclined to grant bail to the petitioner subject to the following conditions. [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 XVIII Metropolitan Magistrate, Saidapet, Chennai - 600 008 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 stay at Vellore and sign before the Inspector of Police, Vellore Town Police Station, everyday at 10.00 a.m., for a period of 60 days;

[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 3/5

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 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 XVIII Metropolitan Magistrate, Saidapet, Chennai - 600 008.

2. The Inspector of Police, W-22, All Women Police Station, Mylapore, Chennai - 600 011.

3. The Superintendent, Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

5. The Inspector of Police, Vellore Town Police Station, Vellore.

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G.R.SWAMINATHAN., J.

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