Vijayarasan v. State Reperesented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-09-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.25881 of 2025 Vijayarasan ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, Meensurity Police Station, Ariyalur District (Crime No.216 of 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.216 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. Mr. Ilayaraja Kandasamy For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 31.07.2025, for the offences punishable under Sections 296(b),115(2)118(1), 351(30 of BNS 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 5(1), 6 of POCSO Act in Crime No.216 of 2025, registered on the file respondent police, seeks bail.

2.The case of the prosecution is that the petitioner was continuously stalking with the victim girl when she was perusing H.S.C. Thereafter, when the victim girl joined a residential school and staying in hostel at Chidambaram the petitioner went there to meet her. When the father of the victim girl went to see his daughter he saw the petitioner in the hostel, due to which there was a wordy quarrel between them, which escalated into violence and assault. Hence, this case.

3.The learned counsel appearing for the petitioner submitted that a false case has been lodged against the petitioner. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner. 2/6

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 petitioner attacked the father of the victim and caused severe injuries and subsequently assaulted the mother of the victim. He further submitted that the injured discharged from the hospital and there is no previous case pending against the petitioner. 5.Considering the facts and circumstances of the case, the period of incarceration undergone by the petitioner and the fact that the injured discharged from the hospital and there is no previous case pending against the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

6.

Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Sessions Judge, Fast Track Mahila Court, Ariyalur and on further conditions that:

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[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 stay at Cuddalore and report before the Cuddalore Police Station daily at 10:30 a.m., until further orders;It is made clear that the petitioner shall not enter into the jurisdiction of the respondent police;

[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 absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24.09.2025 smn Note :

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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 Sessions Judge, Fast Track Mahila Court, Ariyalur

2. The Inspector of Police, Meensurity Police Station, Ariyalur District

3. The Superintendent, Central Prison, Tiruchirapalli

4. The Public Prosecutor, High Court of Madras.

K. RAJASEKAR, J.

smn 5/6

Crl.O.P. No.25881 of 2025 24.09.2025 6/6