R.Sudhakar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN R.Sudhakar ... Petitioner Vs.

The Inspector of Police, Cuddalore NT Police Station, Cuddalore District.

Crime No.355 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail to the petitioner/accused in the event of arrest in Crime No.355 of 2025 pending on the file of respondent Police.

For Petitioner :

Mr.Krishnasamy Chinnasamy For Intervenor :

Mr.C.Jayavel For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side)

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 329(4), 308, 64, 351(3) of BNS, 1/6

2023, in Crime No.355 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The petitioner herein is the erstwhile business partner of the defacto complainant's husband. A complaint has been lodged alleging that the petitioner has been engaged sexual relationship with the defacto complainant since 2023. and he had taken obscene photographs of her and is now intimidating her using the same.

3. The learned counsel appearing for the petitioner submitted that due to business dispute between the petitioner and the defacto complainant's husband, a false complaint has been registered. He further submitted that the mobile phone allegedly used by the petitioner to take obscene photographs has not been recovered by the police. The only material available is the regular communication between the petitioner and the defacto complainant (Wife).

4. The defacto complainant entered appearance through counsel and objected the grant of anticipatory bail to the petitioner. 2/6

5. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the investigation has not revealed any evidence of obscene photographs being recorded by the petitioner herein, as alleged in the complaint.

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

7. Considering the nature of the complaint, which was lodged on 18.08.2025, alleging incidents are said to have occurred in the year 2023 and on perusal of the records annexed, which indicate that there are several litigations pending between the defacto complainant and the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with 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 ten days from the date of receipt of a copy of this order, before the learned Mahila Court, Cuddalore, 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 respondent police or the police officer who intends to arrest 3/6

or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] if the petitioner failed to surrender before the concerned Magistrate within a period of 10 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 the identity proofs to ensure their identity; [c] the petitioner 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 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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[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

28.08.2025 rpl To 1.The Mahila Court, Cuddalore.

2.The Inspector of Police, Cuddalore NT Police Station, Cuddalore District.

3. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

rpl 28.08.2025 6/6