P.Suresh v. The State By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-06-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR P.Suresh Petitioner Vs The State by The Inspector of Police C2-Sungvarchatram Police Station, Kancheepuram District.
Cr.No.195/2025 Respondent PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on Bail in Crime No.195/2025 on the file of The Inspector of Police, C2-Sunguvarchatram Police Station, Kancheepuram District and thus render justice. For Petitioner:
Mr.X.Selvam Sounder For Respondent:
Mr.L.Baskaran Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 01.06.2025, for the offences punishable under Sections 74, 75(1)(i)(ii) of BNS, and under Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, in connection with Crime No.195 of 2025, registered on the file of the respondent, seeks bail.
2.The case of the prosecution is that the defacto complainant lodged a complaint on 01.06.2025 stating that she is working in a private company and on 31.05.2025 at about 6.00 p.m., while on her way to her house from the Keeranallore junction and at that time the petitioner being VAO Assistant came in his two wheeler and the defacto complainant offered for lift in the bike, so this petitioner has given lift to her and on their way the petitioner stopped the two wheeler near temple and asked her cell number and on her refusal the petitioner with an intention to outrage her modesty has touched her breast and on her shout, he escaped from that place. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. The petitioner is in judicial custody from 01.06.2025 and hence, further custody of the petitioner is not required. 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 bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police, reiterated the prosecution case and the investigation is at crucial stage if the petitioner is released on bail, there is possibility of tampering the witnesses and hampering the investigation. Hence opposed grant of bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the submissions made on either side and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to
the petitioner with 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 Judicial Magistrate Court, Sriperumbudur, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m.
[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
20-06-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes 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 the official website of this Court will be watermarked and will also have a QR code.
To 1.The State by The Inspector of Police C2-Sungvarchatram Police Station, Kancheepuram District.
Cr.No.195/2025 2.The Judicial Magistrate Court, Sriperumbudur.
3.The Superintendent Vellore Central Prison.
4.The Public Prosecutor, High Court of Madras, Madras.
M.NIRMAL KUMAR J.
gbi CRL OP No. 17075 of 20-06-2025