Dinakaran v. State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.05.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Dinakaran ... Petitioner/ A1 Vs.

The State represented by, The Inspector of Police, Vaniyambadi Taluk Police Station, Thirupathur District.

(Crime No. 149 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023 to enlarge the petitioner on bail in Crime No.149 of 2025 pending investigation on the file of the respondent police. For Petitioner : Mr.S.Sasikumar For Respondent : M/s.V.J.Priyadarsana Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner/A1, who was arrested and remanded to judicial custody on 26.04.2025 for the alleged offences punishable under Sections 296(b), 248(A), 351(2) of BNS 2023 r/w Section 67(A) of IT Act @ 296(b), 248(A), 351(2), 64(2)m of BNS 2023 and 67(A) of IT Act, Section 5(1), 6 of POCSO Act r/w Section 9 of Child Marriage Act, in Crime No.149 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had physical relationship with the victim girl, aged 17 years and threatened her with dire consequences. It is further alleged that he had taken photographs of the victim and threatened her. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would submit that the petitioner has been in judicial custody from 26.04.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner. 2/6

4. Learned Government Advocate for the respondent submitted that the petitioner had physical relationship with the victim girl, aged 17 years and threatened her with dire consequences. It is further alleged that he had taken photographs of the victim and threatened her. Thereby, he opposed for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioner, I am inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned District Sessions Judge, Thirupathur and on further conditions that:- [a] the sureties shall affix their photographs and 3/6

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 District Sessions Judge, Thirupathur daily at 10.30 a.m from Monday to Friday and appear before the respondent police at 10.30 a.m on every Saturday and Sunday 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 4/6

FIR can be registered under Section 269 B.N.S. 22.05.2025 Anu 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 District Sessions Judge, Thirupathur 2.The Inspector of Police, Vaniyambadi Taluk Police Station, Thirupathur District.

3.The Superintendent, Sub Jail, Vaniyambadi 4.The Public Prosecutor, High Court of Madras.

N.SENTHILKUMAR ,J.

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Anu 22.05.2025 6/6