Jaya Shankar v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-09-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.25765 of 2025 Jaya Shankar ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, AWPS Avadi Police Station, Tiruvallur District, (Crime No.21of 2025)
...Respondent
PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.21 of 2025 on the file of the respondent police. For Petitioner(s) :
M/s.Selvi George for Majestic Law Firm For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 15.07.2025, for the offence Girl Missing and altered to Section 64(1) of 1/6
BNS Act in Crime No.21 of 2025, registered on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner and the defacto complainant are neighbours and the petitioner has induced the victim to have sexual relationship with him and subsequently she became pregnant. Hence a case was registered by the respondent police. 3.The learned counsel appearing for the petitioner submitted that the victim is aged about 34 years and she has consexual relationship with the petitioner. He further submitted that due to the dispute between the parties particularly between the wife of the petitioner and the victim family members, the complaint was lodged only at the advanced stage of the pregnancy. Hence, prays to grant bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and submitted that the victim is a mentally retarded person. He also submits that the F.I.R was registered on 26.06.2025 and early as on on 15.07.2025 the petitioner was arrested.
5. On going through the records it is seen that the F.I.R was registered on 26.06.2025 sofar the statement of the victim is not yet 2/6
recorded. It is also found that the petitioner was immediately arrested and though there is categorical averment in the F.I.R that the victim is only a deaf and she is not a mentally retarded person. 6.Considering the facts and circumstances of the case, the period of incarceration undergone by the Petitioner and only due to the family dispute the present complaint has been lodged , this Court is inclined to grant bail to the petitioner herein with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate-I,Poonamallee 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 at 10.30 a.m., for a period of two 3/6
weeks and thereafter, as and when required for interrogation.
[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 abscond, a fresh FIR can be registered under Section 269 of B.N.S.
19.09.2025 smn To
1. The Inspector of Police, 4/6
AWPS Avadi Police Station, Tiruvallur District,
2. The Judicial Magistrate-I,Poonamallee Court
3. The Superintendent, Central Prison, Puzhal.
4. The Public Prosecutor, High Court of Madras.
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K. RAJASEKAR, J.
5/6
smn Crl.O.P. No.25765 of 2025 19.09.2025 6/6