Pramod Kumar Mahto v. State Represented By, Sub-Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Pramod Kumar Mahto .. Petitioner Vs.

The State rep by The Inspector of Police T5-Kundrathur Police Station Kancheepuram District Crime No , 245 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail pending investigation in Crime No. 245 of 2025on the file of the respondent police. For Petitioner :

Mr.K.S.Harish 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 23.06.2025, for the offence punishable under Sections 329(4), 77 of BNS @ 329 (4), 77 of BNS, 4 of TNPHW Act 2023 in Crime No.245 of 2025, registered on the file of the respondent, seeks bail.

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2. The case of the prosecution is that on 22.06.2025, when the petitioner was in her room after taking a bath, the petitioner unlawfully watched her. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is in no way connected with the alleged offence, however, he is suffering incarceration from 23.06.2025. It is the contention of the petitioner that he hails from Bihar and had visited the defacto complainant's house for accommodation on rent. It is his contention that since there is a communication gap which has been projected as though the petitioner has stalked the defacto complainant. 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. Learned Government Advocate (Crl.side) appearing for the respondent police, while opposing for grant of bail to the petitioner, submitted that the petitioner is a native of Bihar and he was arrested on 22.06.2025.

5. Heard both sides and perused the materials available on record . 2/6

6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side and 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 ( one should be a local surety and other surety shall be a family member of the petitioner) each for a like sum to the satisfaction of the learned Judicial Magistrate, 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., for a period of three weeks and thereafter, as and when required for interrogation.

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[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;

[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. 22.07.2025 nr 4/6

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, Sriperumbudur

2. The Inspector of Police T5-Kundrathur Police Station Kancheepuram District

3. The Superintendent, Central Prison-II, Puzhal..

4. The Public Prosecutor, High Court, Madras.

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M.NIRMAL KUMAR, J.

nr 22.07.2025 6/6