Alagarasan v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.05.2025
CORAM
THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Alagarasan ... Petitioner Vs.
State Rep. by The Inspector of Police, Uthukuli Police Station, Tiruppur District.
(Crime No.156 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, pending investigation in Crime No.156 of 2025, on the file of the respondent Police. For Petitioner :
Mr.C.S.Saravanan For Respondent :
Mr.V.J.Priyadarsana Government Advocate (Criminal Side)
O R D E R
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The petitioner, who was arrested and remanded to judicial custody on 18.04.2025 for the offences punishable under Sections 194 (3) (1) of BNSS (174
(3) (1) Cr.P.C) @ 108, 85, 75 of BNS Act, 2023 (306, 498A, 354A I.P.C), and 4 B(2) of TNPHW Act in Crime No.156 of 2025 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner is the employer of the victim and alleged to have sexually harassed the daughter of the defactocomplainant and the co-accused being the husband and the in law also abated the victim in committing suicide. Hence the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in custody from 18.04.2025. Hence, he prayed for grant of bail to the petitioner.
4.The Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and further submitted that the 2/6
petitioner is the employer of the victim and have sexually harassed the daughter of the defacto-complainant. Hence, he opposed for granting bail to the petitioner.
5. Heard both sides and perused the materials available on record. 6.Considering the facts and circumstances of the case, the submission made by the learned counsel appearing on either side and the period of incarceration undergone by the petitioner, 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 conditions that:
i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Uthukuli.
ii) The petitioner shall appear before the jurisdictional Magistrate from Monday to Friday at 10.30 a.m., and shall appear before the respondent Police on Saturday and Sunday at 5.30 p.m. until further orders; iii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The 3/6
Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of identity proofs to ensure their identity; iv) The petitioner shall make himself available for interrogation by a Police Officer as and when required;
v) The petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses;
vi) The petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;
vii) On breach of any of the aforementioned conditions, the learned Magistrate is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005)13 SCC 283].
viii) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
21.05.2025 ep/ata Note :
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
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2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
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N.SENTHILKUMAR, J.
ep/ata To
1. The Judicial Magistrate Court, Uthukuli.
2.The Inspector of Police, Uthukuli Police Station, Tiruppur District.
3.The Superintendent, Central Prison, Coimbatore.
4.The Public Prosecutor, High Court of Madras. 21.05.2025 6/6