Anbarasu v. The State, Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Anbarasu ... Petitioner Vs.

The State, Represented By The Inspector of Police, All Women Police Station, Mangalamedu Police Station, Perambalur District.

(Crime No.55 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail in Crime No.55 of 2024 pending on the file of the respondent police.

For Petitioner : Mr. M. Kalaiyarasan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) ****** 1/6

O R D E R

Petition seeking bail in respect of Crime No.55 of 2024 registered for the offences punishable under Sections 417, 376 and 506(i) of IPC, is on board for consideration.

2.

Learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He also submitted that the petitioner and the defacto complainant loved each other for the past five years and they had consensual relationship between them, however, due to misunderstanding aroused between them, the defacto complainant had lodged this false complaint, as if, it is the case of penetrative sexual assault. He also submitted that the petitioner is in custody from 17.12.2024 and the petitioner is also ready to abide by any other stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

3.

The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police while opposing for grant of bail to the petitioner is that, the petitioner herein 2/6

induced the defacto complainant on false assurance of marrying her, had sexual intercourse with her, thereafter, denied to marry her. He also submitted that 183 BNSS statement of the victim also recorded. 4.

Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record, including the FIR and 183 BNSS statement. 5.

Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsels on either side, this Court is inclined to grant bail to the petitioner with certain conditions. 6.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the Additional Mahila Court, Perambalur and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure 3/6

their identity;

[b] the petitioner shall report before the respondent police, everyday at 10.30 a.m., until further orders. [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 of B.N.S.

28.01.2025 stn 4/6

To

1. The Sessions Judge, Additional Mahila Court, Perambalur.

2. The Inspector of Police, All Women Police Station, Mangalamedu Police Station, Perambalur District.

3. The Superintendent, Sub Jail, Perambalur.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA, J.

stn 28.01.2025 6/6