Venugopal v. The State Rep By, Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Venugopal ... Petitioner(s) /Accused Vs.
The State rep. by its Inspector of Police, D-1, Triplicane Police Station, Chennai District.
... Respondent(s)/ Complainant Crime No.165 of 2025 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail in connection with Crime No.165 of 2025 on the file of the respondent police.
For petitioner(s) : Mr.V.Krthick For Respondent(s) : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
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.165 of 2025 registered for the offences under Section 75(2) of Page No.1 of 8
BNS, 2023 and Section 4 of TNPHW, 2002.
2. It is the case of the prosecution that, while the defacto complainant was waiting for her husband near a tea shop, the petitioner grabbed her hands and asked for sexual favours; that when the defacto complainant's husband arrived at the place of occurence, the petitioner fled. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that the petitioner is in custody from 14.03.2025 and that in any case, further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that that the petitioner has no bad antecedents.
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5. Considering the nature of allegations, the fact that the petitioner has no bad antecedents, and since further custody of the petitioner is not required, 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 learned II 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;
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[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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 22.04.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No Page No.4 of 8
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To
1. Inspector of Police, D-1, Triplicane Police Station, Chennai District.
2. The Public Prosecutor, Madras High Court, Chennai.
3. Learned II Metropolitan Magistrate, Egmore.
4. The Superintendent of Prison, Central Prison, Chennai.
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SUNDER MOHAN, J.
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22.04.2025 Page No.8 of 8