P.Ajaysandar v. The State Of Tamilnadu Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.22359 of 2025 P.Ajaysandar ... Petitioner Vs.

The State of Tamilnadu Rep.by The Inspector of Police, All Women Police Station East, Coimbatore City.

... Respondent (Crime No.45 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner/sole accused on bail in the event of his arrest in Crime No.45 of 2025 on the file of the respondent police.

For Petitioner : Ms.Karthigaipriya For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side)

ORDER

The petitioner who apprehends arrest for the alleged offence under Section 69 of BNS Act in Crime No.45 of 2025, on the file of the respondent police seeks anticipatory bail.

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2. The allegation against the petitioner is that the petitioner was promised to marry the defacto complainant and had sexual relationship with them and subsequently, the petitioner had refused to marry her. Hence, the present complaint.

3. The learned counsel for the petitioner submitted that the petitioner is only a friend to the defacto complainant and he had not promised to marry her and a false complaint has been lodged against the petitioner. Hence, he prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and produced the FIR as well as the statement of the victim recorded under Section 183(5) of BNS Act. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record including FIR and the Statement of the victim recorded under Section 183(5) of BNS Act.

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6. Perusal of the same reveals that the petitioner had physical relationship with the defacto complainant on various occasions and promised to marry her. Thereafter, their family members also accepted their marriage and subsequently, the petitioner had refused to marry her.

7. Considering the facts and circumstances of the case and the submissions made by both counsel, petitioner and defacto complainant were in relationship for 3 years. Subsequently refused to marry the victim girl, the custodial interrogation of the petitioner is not required, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

8. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the Additional Mahila Court, Coimbatore on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition: 3/6

(a) If the petitioner failed to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) 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 identify proofs to ensure their identity; (c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;

(d) The petitioner shall co-operate with the medical examination as and when required by the Investigating Officer;

(e) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial 4/6

Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (f)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

19.09.2025 Vv To

1. The Additional Mahila Court, Coimbatore

2. The Inspector of Police, All Women Police Station East, Coimbatore City.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

K.RAJASEKAR , J.

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Vv Crl.O.P.No.22359 of 2025 19.09.2025 6/6