P.Palanisamy v. State Rep. By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI P.Palanisamy S/o. Periyathambi, No.241, West Street, Kuthiraichandhal, Kallakurichi District.
Petitioner(s) Vs State rep. by, The Inspector of Police, All Women Police Station, Kallakurichi Kallakurichi District.
Crime No. 50 of 2025 Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS to enlarge the petitioner on bail in the event of the arrest in connection with the Crime No.50/2025 on the file of respondent police. For Petitioner : Mr.Balachandran T For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 85 of BNS Act, in Crime No.50 of 2025 on the file of respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner had promised to marry the defacto complainant and thereafter refused to marry her. Hence, this case.
3. The learned counsel for the petitioner submitted that the petitioner is aged 58 years and he is a School Teacher and that he has not committed any offence as alleged by the prosecution and a false case has been foisted against the petitioner. Hence, he prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for respondent police raised objections for the grant of anticipatory bail to the petitioner stating that the petitioner had promised to marry the defacto complainant and now refusing to marry her.
5. It is seen that the defacto complainant and the petitioner are elders and they are aged about 35 years 58 years respectively. Further, considering the fact that the petitioner is a Government School Teacher, there is no possibility of
absconding. Hence, 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 learned Judicial Magistrate No.I, Kallakurichi, Kallakurichi 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 on every Sunday at 10.30 a.m. for the period of eight weeks and thereafter, 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 Judicial Magistrate No.I Kallakurichi, Kallakurichi District
2. The Inspector of Police, All Women Police Station, Kallakurichi, Kallakurichi District.
3. The Public Prosecutor High Court of Madras, Chennai
T.V.THAMILSELVI J.
ksa-2 11-09-2025