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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN 1.Narayanan 2.Kalaiarasan ... Petitioners/A2 & A4 Vs.

The State represented by, The Inspector of Police, Krishnagiri Town Police Station, Krishnagiri District.

(Crime No.95 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioners on bail, in connection with the Crime No.95 of 2025, pending investigation on the file of the respondent Police. For Petitioners : Mr.E.Kannadasan 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 petitioners, who were arrested and remanded to judicial custody on 21.02.2025, seeking bail in Crime No.95 of 2025 registered for the offence under Sections 296(b), 115(2), 118(1), 126(2), 309(4), 311, 70(1) of BNS, 2023 and Section 67 of Information Technology Act 2000 [ Sections 294(b), 323, 324, 341, 392, 397, 376(D) of IPC]. 1/6

2. The case of the prosecution is that, when the defacto complainant along with his relative girl went to the temple, at that time, petitioners along with other accused have come to the occurrence place and threatened the defacto complainant and other victim girl by showing knife and wooden log and they also have snatched gold ornament from the victim lady and also took a sum of Rs.15,000/- from them and also seduced the victim girl and took the nude videos of her in his mobile phone. Hence, the case.

3. Learned counsel appearing for the petitioners submitted that the allegations are false and that the petitioners are in custody from 21.02.2025 and further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioners.

4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and submitted that the 1st petitioner has been detained under goondas Act. He further submitted that the mobile phone has been seized. 2/6

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

6. In view of the fact that the 1st petitioner/A2 has been detained under Goondas Act, this Criminal Original Petition is dismissed of the 1st petitioner/A2. Considering the nature of allegation as against 2nd petitioner/A4, period of incarceration, and since further custody is not required for the purpose of investigation, this Court is inclined to grant bail in respect of the 2nd petitioner/A4 with certain conditions.

7. Accordingly, the 2nd petitioner/A4 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 Additional Mahila Court, Krishnagiri 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;

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[b] the 2nd petitioner/A4 shall report before the respondent Police, everyday at 10.30 a.m., until further orders;

[c] the 2nd petitioner/A4 shall not abscond either during investigation or trial;

[d] the 2nd petitioner/A4 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 2nd petitioner/A4 in accordance with law as if the conditions have been imposed and the 2nd petitioner/A4 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. Additional Mahila Court, Krishnagiri.

2. The Inspector of Police, Krishnagiri Town Police Station, Krishnagiri District.

3. The Superintendent, District Jail, Dharmapuri.

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

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