M.Vignesh v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN M.Vignesh
...Petitioner/Sole Accused
Vs.
State rep by The Inspector of Police, All Women Police Station, Katpadi, Vellore District.
(Crime No.3 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.3 of 2025 pending on the file of the respondent.
For Petitioner :
Mr.S.Thirugnanam 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 13.02.2025, seeking bail in Crime No.3 of 2025 registered for the offence under Sections 64(1) & 331 (4) of BNS Act.
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2. The case of the prosecution is that the petitioner, aged about 30 years and the victim girl, aged about 19 years were known to each other; that the petitioner, who is already a married man, on the promise of marriage, had sexual intercourse with the victim girl and thus committed the aforesaid offences.
3.The learned counsel for the petitioner would submit that the allegations against the petitioner are false and that in any case, considering the period of incarceration, he may be released on bail. 4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and opposed for grant of bail to the petitioner and also produced a copy of Section 183 BNSS statement, which confirms the prosecution case.
5. This Court perused the Section 183 BNSS statement of the victim girl. Though it is seen from the statement that the petitioner had forcible sexual intercourse with the victim girl, in the FIR, it is stated that it is a case of love affair. The victim girl further stated that she had informed the Page No.2 of 5
same to the petitioner's wife, who promised to her that she will get her married to the petitioner after three years. Considering the nature of allegations against the petitioner 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:
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, Katpadi, Vellore 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 Flower Bazaar Police Station daily 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;
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[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];
[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, All Women Police Station, Katpadi, Vellore District.
2. The Inspector of Police, Flower Bazaar Police Station, Chennai.
3.The Judicial Magistrate, Katpadi, Vellore District.
4. The Superintendent, Central Prison, Vellore. 5.The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN, J.
rkp 15.04.2025 Page No.5 of 5