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Madras High CourtCRL OP/26174/2025granted

Dhayanidhi v. The State Rep By, The Inspector Of Police,

2025-09-23Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-09-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.26174 of 2025 Dhayanidhi ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, All Women Police Station, Udumalpet, Tiruppur District.

(Crime No.47 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.47 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. S. Prabhu For Respondent(s) :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 20.08.2025, for the offences punishable under Section 69 of BNS in Crime No.47 of 2025, registered on the file respondent police, seeks bail. 2.

The case of the prosecution is that the petitioner was in love affair with the defacto complainant for the past 3 years and on the promise of marrying her, they had physical relationship; that thereby, the defacto complainant got pregnant and subsequently, the petitioner refused to marry her. Hence, this case.

3.

The learned counsel appearing for the petitioner submitted that the petitioner is a close relative to the defacto complainant and on account of family dispute, a false complaint was lodged against the petitioner. He further submitted that the petitioner is in judicial custody since 20.08.2025 and the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner. 4.

The learned Government Advocate (Crl. Side) appearing for 2/6

the respondent while opposing the bail to the petitioner reiterated the prosecution case and stated that the petitioner is aged about 21 years and he has no previous antecedents; and that the investigation is pending. 5.

Considering the facts and submissions made by the learned counsels on either side, taking note of the age of the petitioner and the period of incarceration undergone by 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.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate-I, Udumalpet 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 three 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 absconds, a fresh FIR can be registered under Section 269 of B.N.S. 23.09.2025 stn Note :

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.

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To

1. The Judicial Magistrate - I, Udumalpet.

2. The Inspector of Police, All Women Police Station, Udumalpet, Tiruppur District.

(Crime No.47 of 2025)

3. The Superintendent, Sub Jail, Udumalpet.

4. The Public Prosecutor, High Court of Madras.

K. RAJASEKAR, J.

stn 5/6

Crl.O.P. No.26174 of 2025 23.09.2025 6/6