Varun Ezhilan @ Sathishkumar, v. The State Rep By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Varun Ezhilan @ Sathishkumar, S/o Sagadevan, No.129, 1st Mettu Street, NSK Nagar, Kaniyambadi, Vellore District Petitioner(s) Vs The State Rep by Inspector of Police, AWPS Vellore Police Station, Vellore District.

CRIME No. 10 of 2022 Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS to enlarge the Petitioner on bail in the event of their arrest concerned in Crime No.10 of 2022 on the file of Respondent Police. For Petitioner(s):

M/s.Prema Kumari For Respondent(s):

Mr.S.Udayakumar Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 498(A) and 506(ii) IPC, in Crime No.10 of 2022 on the file of respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is the husband of the defacto complainant. The petitioner was having illegal affair and when the same was questioned by the defacto complainant, the petitioner and his family members threatened the defacto complainant with dire consequences and also attacked her. Hence, this case.

3. The learned counsel for the petitioner submitted that this is the second application for anticipatory bail and the earlier application filed by the petitioner in Crl.O.P.No.27211 of 2023 was dismissed by this Court for non prosecution on 03.04.2024. He further submitted that the petitioner has not committed any offence as alleged by the prosecution. The fact is that the defacto complainant was having illegal affair and since the same was question by the petitioner, she attacked the petitioner when he was sleeping. In this regard, the petitioner

lodged a complaint before the Vellore Taluk Police Station and the same was registered in Crime No.82 of 2022. He further submitted that the petitioner has got two girl children and they are under the custody of the petitioner. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police raised objections by reiterating the prosecution case.

5. Considering the above facts and circumstances of the case and the submissions of the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions:

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Mahila Court, Vellore District, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560] [f] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

11-09-2025 ksa-2 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Mahila Court Vellore District

2. Inspector of Police, AWPS Vellore Police Station, Vellore District.

3. The Public Prosecutor High Court of Madras, Chennai

T.V.THAMILSELVI J.

ksa-2 CRL OP No. 21455 of 11-09-2025