Gnanadesigan@Desigan v. The State Rep By The Station House Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Gnanadesigan@desigan S/o. Sellaiya, Main Road, Singarakuppam, Killai Post, Chidambaram Taluk.
Petitioner(s) Vs The State rep by The Station House Officer Killai Police Station, Cuddalore.
Crime No.94/2025.
Respondent(s) PRAYER To enlarge the petitioner on bail pending investigation in Crime No.94/2025 on the file of the respondent police.
For Petitioner(s):
Mr. S.Pandiyarajan For Respondent(s):
Mr.A.Gopinath, Govt. Advocate (Crl. Side) 1/7
ORDER
The petitioner, who was arrested and remanded to judicial custody on 18.08.2025 for the alleged offence punishable under Sections 296(b), 74, 75, 351(3) BNS, 2023 and Sec. 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.94 of 2025, seeks bail.
2. The case of the prosecution is that on 02.07.2025, the petitioner sasid to have scolded defacto complainant with filthy language, attacked her with hands and legs and also committed sexual harassment and threatened with dire consequences, due to which, she sustained injury in her body. Hence, the complaint was registered against the petitioner.
3. The learned counsel appearing for petitioner would submit that he is an innocent person and he is no way connected with the occurrence between the groups. He would submit that he has been falsely implicated in the present case as if he had abused the defacto complainant verbally . He would submit that he is in custody for more than 66 days from 03.07.2025. Hence, he prayed to grant bail to the petitioner.
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4. The learned Additional Public Prosecutor appearing for the respondent raised objections stating that both are neighbours and the petitioner had abused the defacto complainant verbally on the date of occurrence. He would submit that investigation almost completed and the defacto complainant was treated as outpatient and no previous case pending against him. He would submit that if he is released on bail, he would hamper the investigation and tamper the witnesses. Hence, he opposed to grant bail to the petitioner.
5. On seeing the facts, the defacto complainant was treated as outpatient and she sustained simple injury. So, considering the fact that investigation completed and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:
6. Accordingly, the petitioner is ordered to be released on bail on condition to 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 Judicial Magistrate-I Court, Chidambaram and on further conditions that: (a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;
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(b) the petitioner shall report before the respondent police on every Tuesday at 10.30 a.m. for the period of three months and he shall not have any communication with the defacto complainant;
(c) the petitioner shall not commit any offences of similar nature;
(d) the petitioner shall not abscond either during investigation or trial;
(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(f) on breach of any of the aforesaid conditions, the learned Judicial 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]; (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
08-09-2025 4/7
Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To 1.The Judicial Magistrate-I, Chidambaram.
2.The Station House Officer, Killai Police Station, Cuddalore. 3.The Superintendent of Prison, Sub-Jail, Chidambaram.
4. The Public Prosecutor, High Court, Madras. 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.
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T.V.THAMILSELVI J.
rpp CRL OP No. 24458 of 08-09-2025 7/7