Sujith v. The State Rep By The Inspecor Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.05.2025

CORAM

THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR Crl.O.P. No.15401 of 2025 Sujith ... Petitioner/Accused Vs.

State rep.by The Inspector of Police, F-4, Thousand Lights Police Station, Chennai. In Crime No.151 of 2025 ..Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, concerned in Crime No.151 of 2025 on the file of the respondent police. For Petitioner : Mr.D.Pariventhan For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate (Crl. Side) ****** 1/6

O R D E R

Petition seeking bail in respect of Crime No.151 of 2025 registered for the alleged offences punishable under Sections 77,79 and 62 of BNS, is on board for consideration.

2.

The case of the prosecution is that the defacto complainant noticed that some one took her photo from the mobile phone camera while she was taking both in her bathroom.

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 and he had not committed any offence as alleged by the prosecution. He further submitted that the petitioner was inside the prison from 17.04.2025. 4.

The learned Government Advocate (Crl. Side) appearing for the respondent, on instruction submitted that the petitioner took photos from his mobile phone, while the defacto complainant took bath in her hostel bathroom. It was further submitted that the investigation is still in progress. 2/6

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 in view 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 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 XIV Metropolitan Magistrate, Egmore, Chennai-8.

(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; 3/6

(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.

15.05.2025 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. 4/6

To

1. The XIV Metropolitan Magistrate, Egmore, Chennai-8. 2.The Inspector of Police, F-4, Thousand Lights Police Station, Chennai, in Crime No.151 of 2025

3. The Superintendent, Sub Jail Saidapet, Chennai-15.

4.The Public Prosecutor, High Court, Madras.

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M. NIRMAL KUMAR, J.

ari/ stn Crl.O.P. No.15401 of 2025 15.05.2025 6/6