Deepak Kumar v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Deepak Kumar ... Petitioner -vsState by The Inspector of Police, H-5s, New Washermanpet Police Station, Chennai 600 081.

(Crime No.994 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner / accused on bail in Crime No.994 of 2025 pending investigation before the Inspector of Police. For Petitioner :

Mr.K.Kannan For Respondent :

Mr.S.Udayakumar, Government Advocate (Crl. Side) ********** 1/5

ORDER

The petitioners, who were arrested and remanded to judicial custody on 27.07.2025, for the alleged offence punishable under Sections 394(4), 296(b), 75, 351(2) of BNS Act, 2023 r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.994 of 2025, registered on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 27.07.2025 the petitioner trespassed into the house of the defacto complainant in night and tried to touch her. Hence, the complaint.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police submits that the investigation completed and final report filed before the XV Metropolitan Magistrate, GT.

4. Considering the said facts and circumstances, the petitioner belongs to Bihar and the gravity of the offence is post as trespassed attempt molest modesty of the women sleeping in the house, this Court is inclined to grant bail to the petitioner, subject to certain conditions. 2/5

5. Accordingly, the petitioner is ordered to be released on bail on him executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties (one blood surety), each for a like sum to the satisfaction of the learned XV MM GT Court 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 twice at 10.00 a.m and 5.00 p.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];

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[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 04.09.2025 rna 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.

To 1.The XV Metropolitan Magistrate, GT Court.

2.The Inspector of Police, H-5s, New Washermanpet Police Station, Chennai 600 081.

3.The Superintendent, Central Prison, Puzhal at Chennai.

4.The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

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