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Madras High CourtCRL OP/26164/2025granted

Vignesh v. State Rep By Its,

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.O.P.No.26164 of 2025 Vignesh ... Petitioner Vs.

State Rep by The Inspector of Police, All Women Police Station Avadi Chennai District.

(Crime No.02 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 the arrest in Crime No.02 of 2025 on the file of the respondent Police. For Petitioners : Mr.D.Dayalan For Respondent : Mr.S.Udayakumar Government Advocate (Crl.Side)

O R D E R

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The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406 & 420 of IPC, 1860, in Crime No.02 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that since in the year of 2017 onwards, the informant and the petitioner had loved each others. Further the petitioner made a false promise to marry her and subsequently, on the advice of his parent's, he refused to marry her. Thereafter, the informant asked him to marry her, but the petitioner avoided the same, on one pretext or other. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. 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 2/6

respondent police, reiterated the prosecution case and opposed to grant anticipatory bail to the petitioner.

5. Considering the facts that the petitioner and defacto complainant were in relationship for long period and considering their age and other circumstances of the case, this Court is 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Poonamallee, on condition that the petitioner shall execute 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 Magistrate concerned and on further condition that: (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 3/6

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] 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];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 23.09.2025 dna 4/6

To 1.The Judicial Magistrate No.I, Poonamallee.

2.The Inspector of Police, All Women Police Station Avadi Chennai District.

(Crime No.02 of 2025) 3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

dna Crl.O.P.No.26164 of 2025 23.09.2025 6/6