Tamilpandiyan v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Tamilpandiyan ... Petitioner/A1 Vs.

The State represented by, The Inspector of police, Belukurichi Police Station, Namakkal District.

(Crime No.07 of 2025). ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.07 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.P.Lakshmi Kandan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 01.02.2025, seeking bail in Crime No.07 of 2025 registered for the offence under Sections 140(3) of BNS @ 140(3), 75(1), 78(i) of BNS (Abduction) [ 365, 354(A) & 354 (D) of IPC]. 1/6

2. The case of the prosecution is that petitioner is arrayed as A1; that he was a married man and his wife had committed suicide and thereafter, petitioner had expressed his love affair with the victim girl aged about 19 years; that when she refused, petitioner along with other accused abducted the victim girl and A1 had forcibly tied thali and thereafter, victim girl was rescued by the respondent police. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false and in any case, the petitioner is in custody from 01.02.2025; and that further custody is not required for the purpose of investigation. He further submitted that, co-accused were arrested and released on bail and hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and confirmed the fact that the co-accused were arrested and released on bail.

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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 fact that the victim girl had been secured; the fact that the co-accused were released on bail, the period of incarceration; and since further custody is not required for the purpose of investigation, 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.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Sendamangalam 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 everyday at 10.30 a.m., until further orders;

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[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 B.N.S.

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To

1. Judicial Magistrate, Sendamangalam.

2.The Inspector of police, Belukurichi Police Station, Namakkal District.

3. The Superintendent, Central Prison, Salem.

5. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

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