B.Gokulavasan v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN B.Gokulavasan

...Petitioner/Accused

Vs.

State rep by The Sub Inspector of Police, F3 Police Station, Nungambakkam, Chennai - 600 034.

(Crime No.229 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.229 of 2025 pending on the file of the respondent.

For Petitioner :

Mr.P.Chinnadurai 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 14.03.2025, seeking bail in Crime No.229 of 2025 registered for the offence under Sections 75(2) of BNS r/w Section 4 of TNPHW Act.

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2. The case of the prosecution is that when the defacto complainant returning to house, the petitioner came in a bike and inappropriately touched her back and harassed her. Hence the case.

3.The learned counsel for the petitioner would submit that the allegations are false; that the petitioner has been falsely implicated in this case and that the petitioner is in custody from 14.03.2025 and hence, he may be released on bail.

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that petitioner has made inappropriate touches on the defacto complainant and opposed the grant of bail to the petitioner.

5. Considering the nature of allegations against the petitioner,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 XIV Metropolitan Magistrate, Egmore 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. [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 Sub Inspector of Police, F3 Police Station, Nungambakkam, Chennai - 600 034.

2.The XV Metropolitan Magistrate, Egmore.

4.Sub Jail, Saidapet.

5.The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN, J.

rkp 27.03.2025 Page No.5 of 5