S Antro Jayakumar @ Andros Jayakumar v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-09-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO. 25456 of 2025 A.Antro Jayakumar Petitioner Vs The State rep. by The Inspector of Police All Women Police Station Villupuram, Villupuram District.

(Crime No. 67 of 2025) Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest pending investigation in Cr.No.67 of 2025 on the file of the respondent police.

For Petitioner : Mr.J.Jayan For Respondent : Mr.S.Udayakumar Government Advocate (Criminal Side) ----

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 69 of BNS, 2023 in Crime No.67 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that he had physical 1/6

relationship with the de-facto complainant on several occasions by giving false promise to marry her. Thereafter, he refused to marry her. Hence the case.

3. The learned counsel for the petitioner submits that the de-facto complainant had consensual relationship with the petitioner herein. He further submits that the petitioner who is aged about 30 years and the defacto complainant who is aged about 34 years. He further submits that there was no relationship between the petitioner and the de-facto complainant from the year 2015. He also submits that the petitioner is ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for his release. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that the petitioner had sexual intercourse with the de-facto complainant on several occasions by giving false promise to marry her and thereafter, he refused to 2/6

marry the victim. He further submits that the petitioner who is aged about 30 years and the de-facto complainant who is aged about 34 years. However, he opposed to grant anticipatory bail to the petitioner.

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

6. Considering the facts and circumstances of the case and the age of victim and fact that both were in relationship for several years, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Additional Mahila Court, Villupuram, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

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(a) If the petitioner fails to surrender before the concerned Magistrate, within a period of fifteen 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 for a period of two weeks and thereafter, as and when required for interrogation;

[d] the petitioner shall co-operate for enquiry and medical examination test if required.

[e] 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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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 17.09.2025 MSM To 1.The Additional Mahila Court, Villupuram 2.The Inspector of Police All Women Police Station Villupuram, Villupuram District.

(Crime No. 67 of 2025)

3. The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

MSM Crl.O.P.No. 2 5456 of 2025 17.09.2025 6/6