Senthilvelan v. The State Rep By Its The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2025

CORAM

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

The State represented by, The Inspector of Police, AWPS East Police Station, Coimbatore District. (Crime No.25 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.25 of 2025 pending on the file of the respondent Police. For Petitioner :

Mr.V.Saravanan 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 11.06.2025, for the offences punishable under Section 69 of BNS, in Crime No.25 of 2025, on the file of the respondent, seeks bail.

2. The case of the prosecution is that the accused, on the false promise of marriage, had sexual intercourse with the de facto complainant on several occasions and when she became pregnant, insisted her to abort. Later, refused to 1/4

marry her and cheated her. Hence the case.

3. The contention of the learned counsel appearing for the petitioner is that the petitioner is innocent and that the relationship between the de facto complainant and the petitioner is consensual and now the petitioner is ready to marry the de facto complainant. 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 the grant of bail to the petitioner. On instructions, he further submitted that the de facto complainant is not willing to marry the petitioner.

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

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 fact that the relationship between the parties are consensual and also considering 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 2/4

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 two weeks and thereafter, as and when required for further 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; [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];

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M.NIRMAL KUMAR, J.

ham [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.

22.07.2025 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 East Police Station, Coimbatore District.

3. The Superintendent, Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

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