A.S.Salaudeen v. State Represented By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN A.S.Salaudeen.

... Petitioner/Accused No.2 /versus/ State Rep.by, The Inspector of Police, W-36, Puzhal All Women Police Station, Puzhal, Chennai.

(Crime No.24 of 2025) ...Complainant/Respondent Prayer: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in the event of his arrest by the respondent police in the above Crime No.24 of 2025 on the file of the respondent.

For Petitioner :

Mr.P.Parthipan For Respondent :

Mr.S.Udaya Kumar Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police, for the alleged offences punishable under Sections 294(b), 376(2)(n), 506(i) of IPC., & 67 of Information Technology Act, 2000, in Crime No.24 of 2025, on the file of the respondent police, seek anticipatory bail. 1/6

2. The case of the prosecution is that the defacto complainant alleges that the son of the petitioner promised to marry her and had sexual intercourse with her.

3. The learned counsel for the petitioner submits that the defacto complainant is already a married woman and the complaint given against his son, also implicating the petitioner, has created an apprehension that the petitioner may be arrested on the complaint lodged by one Kirthika @ Katheeja.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that the FIR in Crime No.24 of 2025 was registered on 23.08.2025 and the son of the petitioner has already been arrested and remanded to judicial custody.

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

6. Taking note of the submissions, this Court is inclined to grant 2/6

anticipatory bail to the petitioner subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on or before 12.09.2025 before the learned District Munsif cum Judicial Magistrate, Madhavaram, 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 likesum to the satisfaction of the learned Magistrate concerned and on further condition that: [a] If the petitioner fails to surrender before the concerned Court on or before 12.09.2025, 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 petitioner shall report before the respondent police as and when required.

[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 3/6

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];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 01.09.2025 bsm To,

1. The District Munsif cum Judicial Magistrate, Madhavaram.

2. The Inspector of Police, W-36, Puzhal All Women Police Station, Puzhal, Chennai 3.The Public Prosecutor, High Court of Madras. Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

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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.

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Dr.G.JAYACHANDRAN, J.

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