Pradhap Subramani v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.07.2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Pradhap Subramani Petitioner Vs State Rep. by The Inspector of Police, Kurisilapattu Police Station, Tirupathur - 635 702.

(Crime No.58/2025).

Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail on event of their arrest in connection with Crime No.58 of 2025 on the file of the respondent police.

For Petitioner :

Mr.I.Periaswamy For Respondent :

Mr.Leonard Arul Joseph Selvam, Government Advocate (Crl. side)

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 75, 115(2), 351(3) of Bharatiya Nyaya Sanhita (BNS), 2023 and TN Prohibition of Harassment of Women Act, 2002 in Crime No.58 of 2025, on the file of the respondent Police, seek anticipatory bail.

2.The case of the prosecution is that the petitioner an Auto Driver, regularly picked up the defacto complainant and dropped her at her workplace daily. On 12.05.2025, the petitioner allegedly harassed the defacto complainant this leads to the quarrel occur between the petitioner and defacto complainant. 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. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of

anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case.

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

6. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-II, Tirupathur District, on condition that the petitioner shall execute 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 respondent police or the police officer who

intends to arrest or to the satisfaction of the learned Magistrate concerned, and on proof of payment of deposits, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] 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 Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

[c] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for further interrogation;

[d] the petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial; [e] the petitioner shall make himself available for interrogation by a Police office as and when required; [f] 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; [g] the petitioner shall not abscond either during investigation or trial;

[h] 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];

[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

15.07.2025 kmm/ep Index:Yes/No Speaking/Non-speaking order Internet:Yes

To The Inspector of Police, Kurisilapattu Police Station, Tirupathur - 635 702.

M.NIRMAL KUMAR J.

kmm/ep 15.07.2025