Sathish v. The State Rep By Its, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-05-2025

CORAM

THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI CRL OP NO. 16024 of 2025 SATHISH S/o, Kumar, Najanai Koil Street, Chennasamudiram Village, Kalavai Taluk, Ranipet District.

Petitioner(s) Vs STATE REP BY ITS, The Inspector of police Kalavai Police Station, Ranipet District, .. Respondent(s) Crime No.96 of 2025 PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail, in Crime No.96 of 2025 on the file of the respondent Police.

For Petitioner(s): Mr.D.Thirumoorthy For Respondent(s): Mr.L.Baskaran Government Advocate (crl.side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 15.05.2025 for the alleged offence punishable under Sections 75(1)(i) and 332(c) of BNS Act, 2023 [354(A) and 451 of IPC] in Crime No.96 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that, the petitioner, who is a 1/5

adjacent resident of the victim had attempted to misbehave with the victim, while she was in deep sleep.

3. Learned counsel appearing for the petitioner submitted that the petitioner has in no way connected to the said allegation and only on suspicion he was implicated in this case. He would further submit that the petitioner was arrested and he is judicial custody from 15.05.2025 and he ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner was arrested on 15.05.2025 . He further reiterated the case of the prosecution and opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioner, and also considering all others factors, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

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7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Arcot and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the concerned Magistrate/Judge 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 daily at 10.30.a.m., for a period of two months and thereafter, as and when required. [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 3/5

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 FIR can be registered under Section 269 B.N.S. 28.05.2025 mst 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 Munsif cum Judicial Magistrate, Arcot.

2. The Inspector of Police, Kalavai Police Station, Ranipet District.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras.

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K. GOVINDARAJAN THILAKAVADI, J.

mst Crl.O.P.No.16024 of 2025 28.05.2025 5/5