Abishake v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-02-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN Abishek S/o.Krishnan, Neduncheiyan Nagar, Mettur Taluk, Salem District Petitioner(s) Vs The State Rep By The Inspector Of Police Kolathur Police Station, Salem District Cr.No.24 Of 2025 Respondent(s) PRAYER: This Criminal Original Petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.24 of 2025 on the file of the respondent police.

For Petitioner(s): Mr.R.Pranav For Respondent(s): Mr.A.Gopinath, Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 17.01.2025, seeking bail in Crime No.24 of 2025 registered for the offence under Sections 332(c),75, 131 of BNS and Section 4 of Tamil Nadu Prohibition of Harassment of Page No.1 of 4

Women Act.

2.The case of the prosecution is that the petitioner had misbehaved with the de facto complaint who was sleeping and when she shouted, the petitioner left his cell phone and motorcycle. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is in custody from 17.01.2025. Hence, he prayed for grant of bail to the petitioner. 4.Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and opposed for the grant of bail to the petitioner.

5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6.Considering the facts and circumstances of the case and considering Page No.2 of 4

the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail on his executing 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 Judicial Magistrate No.1 Mettur 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 their identity;

[b] the petitioner shall report before the respondent Police daily at 10:30 a.m., for a period of two weeks and thereafter, as and when required;

[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; G.K. ILANTHIRAIYAN,J.

vca Page No.3 of 4

[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.

14.02.2025 vca Copy to:

1.

The Judicial Magistrate No.1 Mettur 2.

The Superintendent, Central Special Prison,Salem 3.

The Public Prosecutor, High Court, Madras.

4.

The Inspector Of Police Kolathur Police Station, Salem District Cr.No.24 Of 2025 Page No.4 of 4