N.Vijaykumar v. The State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.05.2025

CORAM

THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR Crl.O.P. No.14558 of 2025 N.Vijayakumar ..Petitioner/ Sole Accused /versus/ STATE: Represented by Inspector of Police, GRP Arakkonam Police Station, Ranipet District.

Crime No.110 of 2025 .. Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 483 of BNSS Act pleased to enlarge this petitioner on bail concerned in Crime No.110 of 2025 pending on the file of the respondent.

For Petitioner : Mr.R.Parthiban For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate (Crl. Side) ******

O R D E R

Petition seeking bail in connection with Crime No.110 of 2025 registered for the alleged offences punishable under Section 75 of B.N.S., 2023 (under Section 354(A) of IPC) and Section 4 of TNPHW Act, 2002 is on board for consideration.

2.

The case of the prosecution is that the defacto complainant along with her husband came to Arakkonam Railway Station and they were waiting for the trial and the defacto complainant slept when her husband was not around, at that time, the petitioner harassed the defacto complainant in an appropriate manner. Hence, this complaint. 3.

The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. The petitioner is in the judicial custody from 30.04.2025 and he is ready to abide by any stringent conditions, that may be imposed by this Court and prayed for bail to the petitioner.

4.

The learned Government Advocate (Criminal Side), appearing

for the respondent, submitted upon instruction that the petitioner is an auto driver and he was waiting for boarding the trial at Arakkonam junction. AT that time, when the defacto complainant slept, the petitioner intentionally touched the defacto complainant's body, thereby he committed the offence. He further submitted that he has no previous case. 5.

Taking into consideration the facts and circumstances of the case, considering the nature of allegation against the petitioner, the submissions made by the learned counsels on either side and taking note of the fact that the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail with the following stringent conditions:

(1) 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 Court-II, Arakkonam;

(2) The petitioner shall appear before the respondent police as and when required for interrogation.

(3) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned

Metropolitan Magistrate shall obtain a copy of any one of identity proofs to ensure their identity;

(4) The petitioner shall make himself available for interrogation by a Police Officer as and when required;

(5) The petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses;

(6) 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;

(7) On breach of any of the aforementioned conditions, the learned Metropolitan 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].

(8) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

14.05.2025 ari/ stn

Note:-

1. Registry is directed to forthwith upload this order in the official website of this Court.

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 official website of this Court will be watermarked and will also have a QR code.

To 1.The Judicial Magistrate Court No.II, Arakkonam. 2.The Inspector of Police, GRP Arakkonam Police Station, Ranipet District, Crime No.110 of 2025.

3.The Superintendent, Central Prison, Vellore. 4.The Public Prosecutor, High Court, Madras.

M. NIRMAL KUMAR, J.

ari/ stn Crl.O.P. No.14558 of 2025 14.05.2025