P.Kalaiarasan v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR P.Kalaiarasan ... Petitioner Vs.

The State represented by, The Inspector of Police, AWPS South Police Station, Coimbatore District.

(Crime No.185 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.185 of 2025 pending investigation on the file of the respondent Police. For Petitioner :

Mr.S.N.Arunkumar For Respondent :

Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 02.05.2025, for the offences under Sections 376 r/w 417 of IPC in Crime No.185 of 2025, on the file of the respondent, seeks bail. 1/4

2. The case of the prosecution is that the petitioner/A1 forcibly had sexual intercourse with the de facto complainant/victim, who is none other than the cousin sister of the petitioner's wife, on several occasions and cheated her. The victim became pregnant and delivered a male child on 07.03.2025. However, the petitioner denies his paternity and refused to marry the victim.

3. The contention of the learned counsel appearing for the petitioner is that the petitioner is innocent and has been falsely implicated in this case due to some family dispute. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence he prayed for the grant of bail.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for granting bail to the petitioner. He further submitted that pursuant to the order passed by this Court, DNA samples of the petitioner have been taken and sent for forensic examination. He also produced the statement recorded from the victim.

5. Heard both sides and perused the materials available on record including the victim's statement under Section 183 BNSS.

6. Considering the facts and circumstances of the case, the submission made by the learned counsel appearing on either side and taking note of the 2/4

statement given by the victim and also considering 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, Additional Mahila Court, Coimbatore, 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 everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; [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 days, he shall comply to the directions as may be given by the Court in this regard;

3/4

M.NIRMAL KUMAR, J.

ham [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.

06.08.2025 ham 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 Judicial Magistrate, Additional Mahila Court, Coimbatore.

2. The Inspector of Police, AWPS South Police Station, Coimbatore District.

3. The Superintendent, Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras. 4/4