R.Chandru v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR R. Chandru ... Petitioner Vs.

The State of Tamil Nadu, Rep. by The Sub Inspector of Police, Kaniyur Police Station, Tiruppur District (Cr.No.82 of 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.82 of 2025 pending on the file of the respondent. For Petitioner :

Mr.S. Sivakumar For Respondent :

Mr.R.Vinoth Raja Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 09.06.2025, for the offence punishable under Sections 79,351(3) of BNS and Section 4 of Woman Harassment Act in Crime No.82 of 2025, registered on the file of the respondent, seeks bail. 1/6

2. The case of the prosecution is that the petitioner and the victim girl had physical relationship and had taken some photographs. Thereafter, the petitioner had threatened the victim girl that he will upload the said photographs in the social media in order to harass her on refusing to marry her. Hence the case.

3. 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. He further submitted that marriage has taken place and the victim girl and her husband said to have threatened the petitioner. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case. He further submitted that the mobile phone has been seized from the petitioner.

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

6. Considering the facts and circumstances of the case, submissions made by the learned counsels on either side, this Court is inclined to grant bail to the petitioner with certain conditions. 2/6

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 District Munsif Cum-Judicial Magistrate, Madathukulam 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 till the filing of the charge sheet and thereafter appear before the Trial Court on all hearing dates.

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen 3/6

days, he shall comply to the directions as may be given by the Court in this regard;

[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. 10.07.2025 smn 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.

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To 1.The District Munsif Cum-Judicial Magistrate, Madathukulam

2. The Sub Inspector of Police, Kaniyur Police Station, Tiruppur District 3.The Sub Jail, Udumalapet 4.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

smn 10.07.2025 6/6