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Madras High CourtCRL OP/22456/2025granted

Kamrul v. State Rep. By, The Inspector Of Police

2025-08-12Honourable Dr Justice G. Jayachandran6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Kamrul ... Petitioner Vs.

State Rep.by The Inspector of Police, North/Kongu Nagar All Women Police Station, Tiruppur District.

(Cr.No.34 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Crime No.34 of 2025 on the file of the respondent police. For Petitioner :

Mr.Vengadesh Durai Raja for Deepan Uday For Respondent :

Mr.L.Baskaran Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 08.07.2025, for the offence punishable under Sections 77, 132, 351(3) of 1/6

BNS, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and Section 67 of Information Technology Act, in Crime No.34 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that one Arati, aged about 22 years, lodged a complaint with the respondent police on 08.07.2025, alleging that the petitioner herein came into contact with her through Instagram and both were in love. Later, the petitioner left her and went back to his native place in Bihar. After about 5 months, when he returned and pressurised her to marry, she refused. In this connection, she went to the police station to lodge a complaint. When the police called the petitioner for enquiry, the petitioner attempted to commit suicide using a knife, during which a police personnel at the station, while trying to prevent him, sustained injuries. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that it was a love affair between the defacto complainant and the petitioner. Due to sudden rejection by the defacto complainant, the petitioner got frustrated and attempted to commit suicide. The complaint itself, according to the counsel, reveals that that they were in love and had engaged in consensual 2/6

sexual relations. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and opposed the grant of bail to the petitioner. He further submitted that the petitioner, who belongs to Bihar, had come to threaten the defacto complainant and force her to marry him. Consequently, he attempted to harm himself and in the process, a police personnel, while trying to prevent him, sustained injuries.

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

6. Considering the nature of the complaint and the injury sustained, which is simple in nature, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the 3/6

satisfaction of the learned Judicial Magistrate, Additional Mahila Court, Tiruppur and on further conditions 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 daily at 10.30.a.m., until further orders;

[c] 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];

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

12.08.2025 rpl Note :

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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, Tiruppur, 2.The Inspector of Police, North/Kongu Nagar All Women Police Station, Tiruppur District.

3.District Jail, Tiruppur 4.The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J.

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rpl 12.08.2025 6/6