Sathish Kumar v. State Rep. By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Sathish Kumar
...Petitioner/Accused
Vs.
State rep by The Inspector of Police, All Women Police Station, Arni, Thiruvannamalai District.
(Crime No.12 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.12 of 2025 pending investigation on the file of the respondent police. For Petitioner :
Mr.G.P.Sivakumar For Intervenor :
Mrs.M.Rebecca For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 6
ORDER
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 06.04.2025, seeking bail in Crime No.12 of 2025 registered for the offence under Sections 351(2) and 69 of BNS, 2023.
2.It is the case of the prosecution that the petitioner aged 35 years and the defacto complainant aged 28 years had a love affair; that on the promise of marriage, the petitioner had sexual intercourse with the defacto complainant on several occasions; that thereafter, the petitioner refused to marry the defacto complainant 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 fact that it was a consensual relationship and the period of incarceration, the petitioner may be released on bail.
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4.The learned counsel for the defacto complainant vehemently opposed for the grant of bail.
4.The learned Government Advocate (Crl. Side) reiterated the prosecution case and confirmed the fact that it is a case of love affair; that the petitioner, on the promise of marriage, had sexual intercourse with the defacto complainant.
5.Heard the learned counsel on either side and perused the materials available on record.
6.Considering the nature of allegations, the fact that the relationship between the petitioner and the defacto complainant was consensual, this Court is of the view that further custody is not required. Hence, this Court is inclined to grant bail to the petitioner with certain conditions. 7.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, Arni, and on further conditions that: Page No.3 of 6
[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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
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Copy to:
1.The Inspector of Police, All Women Police Station, Arni, Thiruvannamalai District.
2.The Judicial Magistrate, Arni.
3.The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN, J.
ata 29.04.2025 1/2 Page No.6 of 6