Sathish v. 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 Sathish ... Petitioner Vs.

The State represented by, The Inspector of Police, Irumbulikurichi Police Station, Ariyalur District.

(Crime No.2 of 2025) ... 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.2 of 2025, pending investigation on the file of the respondent Police.

For Petitioner :

Mr.B.Kumarasamy For Respondent :

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

O R D E R

Heard the learned counsel on either side.

1/5

2. The petitioner stands accused in Crime No.2 of 2025 on the file of the respondent for the offences punishable under Sections 296(b), 75(2) of BNS r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act and Section 67A of Information Technology Act. The petitioner was arrested on 03.01.2025.

3. The allegation made against the petitioner make a disgusting reading. The petitioner through his counsel gives an undertaking before this Court that he will not indulge in such activities in future and he would completely keep away from the victim and her family. 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 Trichy and sign before the Town Hall Police Station at 10.30 a.m., for a period of 30 days and he will not apply for relaxation or modification of this condition.

4. Recording the 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. 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 District Munsif cum Judicial Magistrate, Sendurai, 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 Trichy and sign before the Inspector of Police, Town Hall Police Station, everyday at 10.30 a.m., for a period of 30 days and the aforesaid condition would expire automatically after 30 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 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 3/5

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 District Munsif cum Judicial Magistrate, Sendurai.

2. The Inspector of Police, Irumbulikurichi Police Station, Ariyalur District.

3. The Superintendent, Central Prison, Trichy.

4. The Public Prosecutor, High Court of Madras.

5. The Inspector of Police, Town Hall Police Station, Trichy.

4/5

G.R.SWAMINATHAN., J.

ham 17.01.2025 5/5