J Raja v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-02-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN J Raja S/o, Jayapandi, No 4 Rajankuppam, Ayanambakkam Vanagaram Chennai 600095 Petitioner(s) Vs The State Rep By The Inspector of Police W33-All Women Police Station, Virugambakkam (Cr.No. 2 of 2025) Respondent(s) For petitioner(s): Mr.Sangeetha Sankar For Respondent(s): Mr.S.Balaji, Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 69 of BNS in Crime No. 2 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the de facto complainant had love affair; that on the promise of marriage the petitioner had physical relationship with the de facto complainant and that later he refused to marry the de facto complainant. Hence, the complaint.

3. The learned counsel for the petitioner submitted that admittedly the petitioner and the de facto complainant had consensual relationship; that the de facto complainant is neither gullible nor naive and that in any case custodial interrogation of the petitioner is not required for the purpose of investigation and hence, he prayed for grant of anticipatory bail.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that it is a case of love affair.

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

6. It is admitted that the petitioner and the de facto complainant had consensual relationship. The de facto complainant is aged 22 years. Considering the nature of allegation, this Court is of the view that custodial interrogation of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

(a) Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.1, Poonamallee on condition that the petitioner shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[b] the petitioner shall report before the respondent police every day at 10:30 a.m., until further orders;

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond 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 BNS.

19.02.2025 vca

SUNDER MOHAN, J.

vca To

1. The State Rep By The Inspector of Police W33-All Women Police Station, Virugambakkam (Cr.No. 2 of 2025) 19.02.2025