K M Suresh v. State Rep. By, Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.04.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.12210 of 2025 K.M.Suresh .. Petitioner Vs.
The State rep by The Inspector of Police, All Women Police Station, Cheyyar, Tiruvannamalai District.
(Crime No.24 of 2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of their arrest in Crime No.24 of 2025 on the file of the respondent Police.
For Petitioner : Mr.S.Sathish For Respondent : Mr.S.Balaji Government Advocate(Crl.Side) Page No.1 of 6
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 78(2), 75(2), 296B, 351(3) of BNS Act, 2023, r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.24 of 2025, seeks anticipatory bail.
2.
The case of the prosecution is that the petitioner had spoken to the defacto complainant inappropriately, asked for sexual favours, and also used filthy language. Hence, the case.
3.
The learned counsel appearing for the petitioner would submit that the allegations are false and the petitioner has nothing to do with the alleged offence and that in any case, custodial interrogation is not required and prayed for anticipatory bail to the petitioner. 4.
The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the Page No.2 of 6
petitioner, reiterated the prosecution case and submitted that the defacto complainant has now addressed a letter to the Sub-Inspector of Police, stating that she had given a false complaint. 5.
Considering the aforesaid facts, the nature of allegations against the petitioner and since custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.
Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the Judicial Magistrate, Cheyyar, Tiruvannamalai District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: Page No.3 of 6
[a] the petitioner and 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 as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioner shall not abscond 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 Petitioners 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 BNS.
23.04.2025 Index : Yes / No Internet : Yes / No gbi To 1.The Inspector of Police, Page No.4 of 6
All Women Police Station, Cheyyar, Tiruvannamalai District.
2.The Public Prosecutor, Madras High Court, Chennai.
Page No.5 of 6
SUNDER MOHAN , J.
gbi Crl.O.P.No.12210 of 2025 23.04.2025 Page No.6 of 6