S.Vignesh v. The State By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.6532 of 2025 S.Vignesh .. Petitioner Vs.
The State rep by The Inspector of Police, All Wome Station-Tiruvannamalai Rural, Tiruvannamalai District.
(Crime No.12/2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.12 of 2025 on the file of the respondent Police. For Petitioner : M/s.A.Saravanan For Respondent : Mr.S.Santhosh Government Advocate(Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 376 and 417 of IPC and Page No.1 of 6
Sections 296(b) and 351(2) of BNS Act, 2023 in Crime No.12 of 2025, seeks anticipatory bail.
2.
The case of the prosecution is that, the petitioner aged 26 years and the defacto complainant aged 20 years had a love affair since January 2024; that thereafter on the promise of marriage, the petitioner had sexual intercourse with the defacto complainant on six occasions; that when the defacto complainant asked the petitioner to marry her, the petitioner abused the defact complainant in filthy language and caused cruelty and thus committed aforesaid offences.
3.
The learned counsel appearing for the petitioner submitted that, admittedly, it is the case of love affair and the physical relationship was not on account of promise of marriage, and that the defacto complainant was aware of the consequences of her actions; and that in any case, custodial interrogation is not required and sought for anticipatory bail to the petitioner. 4.
The learned Government Advocate (Crl. Side) appearing for the Page No.2 of 6
respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and submitted that, it is the case of love affair and the FIR indicates that the petitioner and the defacto complainant was in relationship since January 2024. 5.
Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.
6.
Considering the nature of allegations, that it is the case of love affair, the relationship between the parties, and since, custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.
Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the Judicial Magistrate, Court, Thandarampattu, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with Page No.3 of 6
two sureties 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and 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 is directed to stay at Kallakurichi and report before the Kallakurichi Town Police Station daily 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 Petitioners in accordance with law as if the conditions have been imposed and the Petitioners 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 BNS.
07.03.2025 Page No.4 of 6
Index : Yes / No Internet : Yes / No dpa To 1.The Inspector of Police, All Wome Station-Tiruvannamalai Rural, Tiruvannamalai District.
2.The Judicial Magistrate Court, Thandarampattu.
3.The Public Prosecutor, Madras High Court, Chennai.
SUNDER MOHAN , J.
dpa Page No.5 of 6
Crl.O.P.No.6532 of 2025 07.03.2025 Page No.6 of 6