Nithiyanandham v. State Represented By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.05.2025
CORAM
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR Nithiyanandham ... Petitioner(s) /Accused Vs.
State represented by the Inspector of Police, All Women East Police Station, Coimbatore District.
... Respondent(s)/ Complainant Crime No.17 of 2025 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail in connection with Crime No.17 of 2025 on the file of the respondent police.
For petitioner(s) : Mr.Deepanuday For Respondent(s) : Mr.V.J.Priyadarsana Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 20.03.2025, seeking bail in Crime No.17 of 2025 registered for the offences under Sections 69, 296(b), 351(3) of BNS, 2023.
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2. The case of the prosecution is that the petitioner and the defacto complainant were in a consensual relationship; that on the promise of marriage, the petitioner had sexual intercourse with the defacto complainant; thereafter refused to marry her. Hence, the case.
3. The learned counsel for the petitioner would submit that the allegations are false and in any case, considering the period of incarceration, further custody of the petitioner is not required and sought for grant of bail.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and opposed the grant of bail to the petitioner.
5. Though the act of the petitioner cannot be justified, considering the nature of allegations, the period of incarceration, the fact that the petitioner has no bad antecedents, and since further custody of the petitioner is not required, this Court is inclined to grant bail to the petitioner with certain conditions.
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6. 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 Judicial Magistrate, Additional Mahila Court, Coimbatore, and on further conditions that:
[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 am., for a period of three weeks and thereafter as and when required for interrogation 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court Page No.3 of 7
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.
22.05.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr/dpa 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.
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To
1. Judicial Magistrate, Additional Mahila Court, Coimbatore.
2. The Superintendent of Prison, Central Prison, Coimbatore.
3. Inspector of Police, All Women East Police Station, Coimbatore District.
4. The Public Prosecutor, Madras High Court, Chennai.
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N.SENTHILKUMAR, J.
skr/dpa Page No.6 of 7
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