Sivabalan @ Balasiva v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-06-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Sivabalan @ Balasiva Petitioner(s) Vs The State Rep. by the Inspector of Police, Pallikaranai Police Station Chennai, District, (Crime No. 1156 of 2022) Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge him on bail in the event of his arrest or surrender in Crime No. 1156 of 2022 on the file of the respondent.

For Petitioner(s):

M/s. A. Saranraj For Respondent(s):

M/s. R. Vinoth Raja Ga (crl.

Side)

ORDER

The petitioner who apprehends arrest for the alleged offence under Sections 354, 506(1) of IPC r/w Section 4 of TNPHW Act @ into Section 506(i), 376 r/w Section 4 of TNPHW Act, in Crime No.1156 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The prosecution alleges that the petitioner, along with other accused, sexually harassed the defacto complainant, took personal videos, and threatened her to meet privately. Hence, the case.

3.The learned Counsel for the petitioner submitted that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution and a false case has been foisted against him. He would further submit that he will abide by any condition that may be imposed by this Court. Hence, he prayed to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the

respondent would submit that the Statement of the victim girl has also been recorded under Section 164 Cr.P.C, and she has stated the manner in which, she has been sexually harassed by the petitioner. He would submit that if the petitioner is granted anticipatory bail at this stage, then there will be possibility of tampering the witnesses and hampering the investigation and Hence, he vehemently opposed for grant of bail to the petitioner. 5.Heard both sides and perused the materials available on record. 6.Considering the facts and circumstances of the case, possibility of abscondance and also considering the gravity of the offence, this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition stands dismissed.

27-06-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State Rep. by the Inspector of Police, Pallikaranai Police Station Chennai, District, (Crime No. 1156 of 2022).

2.The Judicial Magistrate No.II, Alanthur Court.

3.The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR J.

gbi CRL OP No. 17812 of 27-06-2025