Manikandan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-09-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Manikandan S/o.Pugazhendiran, 11 Middle Street, Narambai, Pillayarkyppam, Bahour Talur Puduycherry-607402.

Petitioner(s) Vs

1. State By THE INSPECTOR OF POLICE Kirumampakkam Police Station Pondycherry Crime No. 129 of 2025 Respondent(s) PRAYER To enlarge the Petitioner on anticipatory bail in Crime No.129 of 2025 in the event of his arrest, pending investigation on the file of the Respondent-Police and thus render justice.

For Petitioner(s):

V.Muthupandi A.Annadharaj N.Mohanapriya For Respondent(s):

Mr.S.Udayakumar Government Advocate (Crl.side)

ORDER

The petitioner apprehends arrest for the alleged offence under Section 69 of BNS Act in Crime No.129 of 2025, on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that he made false promise to marry the victim girl aged 22 years, had sexual intercourse with her and subsequently refused to marry her, and also arranging a marriage with another woman. Hence the complainant

3. The learned counsel for the petitioner submitted that there was no sexual relationship as stated by the defacto complainant. The FIR also only stated that the petitioner and the defacto complainant had a consensual relationship and it is not a case of rape. Therefore, he prays to grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reported that the petitioner and the defacto complainant were in a relationship for 8 years and the petitioner subsequently refused to marry the victim girl. The petitioner has also conducted a betrothal with another woman. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the allegation that the petitioner and the defacto complainant were in a relationship for the past 8 years, considering the age of the victim and other circumstances of the case, I am of the view that custodial interrogation in this case is not necessary, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate VII, Pondicherry, on condition that the petitioner shall execute 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 learned Magistrate concerned, and on further condition:

(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) 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 identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the 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 v. State of Kerala [(2005) AIR SCW 5560];

(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

(g) the petitioner shall co-operate for the medical examination if it is required for investigation.

24-09-2025 mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Judicial Magistrate VII, Pondicherry.

2.State By THE INSPECTOR OF POLICE Kirumampakkam Police Station Pondycherry Crime No. 129 of 2025 3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 25950 of 24-09-2025