Muthiah Dinesh Kumar v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Muthiah Dinesh Kumar

...Petitioner/Accused

Vs.

State rep by The Inspector of Police, F-4, Thousand Lights Police Station, Chennai.

(Crime No.116 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.116 of 2025 dated 18.03.2025 pending on the file of the respondent. For Petitioner :

Mr.B.Balaji 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 21.03.2025, seeking bail in Crime No.116 of 2025 registered for the offence under Sections 126(2), 296(b), 115(2), 118(1), 351(3) & 304(2) of BNS and Section 4 of the Tamil Nadu Prohibition of Harassment of Women (TNPHW) Act. Page No.1 of 5

2. The case of the prosecution is that the defacto complainant is running a SPA; that the defacto complainant and the petitioner were in live in relationship for the past five years; that after the petitioner's marriage with another women, misunderstanding arose between them; that thereafter, the petitioner entered into the defacto complainant's SPA, abused her in a filthy language and assaulted her and damaged the properties of the SPA. Hence, the case.

3.The learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false and that in any case, the petitioner was arrested and remanded to judicial custody on 21.03.2025 and further custody of the petitioner is not required and he prayed for bail to the petitioner.

4.The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and on instruction submitted that the investigation is pending, hence opposed the bail to the petitioner. Page No.2 of 5

5. Considering the nature of allegation and the period of incarceration undergone by the petitioner and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail on her 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 Page No.3 of 5

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.

15.04.2025 rkp Copy to:

1.The Inspector of Police, F-4, Thousand Lights Police Station, Chennai.

2.The XIV Metropolitan Magistrate, Egmore.

3. The Superintendent, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court, Madras.

Page No.4 of 5

SUNDER MOHAN, J.

rkp 15.04.2025 Page No.5 of 5