Bhuvaneshwaran.R v. State Rep By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Bhuvaneshwaran. R
...Petitioner/Accused
Vs.
State rep by The Inspector of Police, All Women Police Station, Rasipuram, Namakkal District.
(Crime No.7 of 2025) ...
Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.7 of 2025 pending on the file of the respondent.
For Petitioner :
Mr.P.Lakshmi Kandan For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 09.03.2025, seeking bail in Crime No.7 of 2025 registered for the offence under Sections 329(4), 75 of BNS 2023, Section 4 of Tamil Nadu Prohibition of Women Harassment Act.
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2. It is the case of the prosecution that the petitioner had trespassed into the house of the defacto complainant when she was alone in her home and forcibly tied thali. Hence, the case.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has nothing to do with the alleged offence and that the petitioner is in custody from 09.03.2025 and hence, further custody of the petitioner is not required. Hence, he prays for the grant of bail. 4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and vehemently opposed for grant of bail to the petitioner.
5. Considering the nature of allegation and the period of incarceration, this Court is of the view that further custody of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioner with certain conditions: Page No.2 of 5
6.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 Judicial Magistrate, Rasipuram 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 stay at Chennai and report before the Inspector of Police, Flower Bazaar Police Station, Chennai everyday at 10.30 a.m., until further orders.
[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];
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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
27.03.2025 rkp Copy to:
1.The Inspector of Police, All Women Police Station, Rasipuram, Namakkal District.
2.The Inspector of Police, Flower Bazaar Police Station, Chennai District.
3.The Judicial Magistrate, Rasipuram.
4.Sub-Jail, Rasipuram.
5.The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN, J.
rkp 27.03.2025 Page No.5 of 5