Elango v. State Represented By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN 1.Elango

2. Vamanan ... Petitioners Vs.

The State represented by, The Inspector of Police, W-8, All Women Police Station, Thirumangalam, Chennai - 625 706.

Crime No.35 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of arrest in connection with Crime No.35 of 2025 on the file of respondent Police. For Petitioners :

Mr.A.Nagarajan For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side)

O R D E R

The petitioners herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 316(2), 318(4), 69, 296(b), 351(2) of BNS in Crime No.35 of 2025, on the file of the respondent Police, 1/5

seeks anticipatory bail.

2. Extramarital affair and intimacy has led to lodging of complaint by the victim alleging that she had been cheated by the 1st petitioner and his father (2nd petitioner) to the tune of 125 sovereigns of gold jewels.

3. The learned counsel appearing for the petitioners states that, now by mutual understanding, the defacto complainant and the 1st petitioner were living together. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and opposed for grant of anticipatory bail to the petitioners.

5. Heard the learned counsels on either side and perused the materials available on record.

6.Considering the nature of offence and since, custodial interrogation of the petitioners is not required, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, on or before 23.08.2025 before the learned Additional Maghila Court, Egmore, Chennai on condition that the petitioners 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 and on further condition that: [a] if the petitioners fails to surrender before the said Magistrate on or before 23.08.2025, 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 the identity proofs to ensure their identity; [c] the petitioners shall report before the respondent police daily at 10.30.a.m., until further orders; [d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed 3/5

and the petitioners 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];

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

14.08.2025 sma To 1.The Additional Mahila Court, Egmore, Chennai.

2. The Inspector of Police, W-8, All Women Police Station, Thirumangalam, Chennai - 625 706.

3. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

sma 14.08.2025 5/5