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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.26380 of 2025 Vasanthakumar ... Petitioner Vs.

State Rep. By The Inspector of Police, All Women Police Station - Ennore, Avadi City.

... Respondent (Crime No.27 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in Crime No.27 of 2025 on the file of the respondent police. For Petitioner : Mr.Vijayaragavan Marimuthu For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side)

O R D E R

The petitioner, who was apprehending arrest at the hands of the respondent police for the offences punishable under Sections 417, 420 and 376 of IPC, 1860 in Crime No.27 of 2025, seek anticipatory bail. 1/6

2. The case of the prosecution is that the defacto complainant and the petitioner, who studied in the same college, developed relationship, during which the petitioner had sexual intercourse with her on the false promise of marriage and later refused to marry her. Hence the case.

3. The learned counsel for the petitioner submitted that the petitioner was willing to marry the victim girl, and further contended that there was no sexual relationship as alleged in the present case. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent police, reiterated the prosecution case and submitted that an FIR was registered only recently; that investigation in this case is still pending and, accordingly, he opposed the grant of anticipatory bail to the petitioners.

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

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6. I have also gone through the collected materials, it is seen that the petitioner and the defacto complainant were in a relationship for some period and that sexual intercourse had taken place between them. Further, it is alleged that the petitioner made a false promise of marriage and later developed a relationship with another girl. There is no dispute that the acts were consensual between the parties. Hence, custodial interrogation of the petitioner is not necessary in this case. Accordingly, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruvottiyur, Thiruvallur District, 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 3/6

concerned Magistrate within a period of ten days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

[b] the sureties shall affix his 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 trial Court on all working day at 10.30.a.m., for a period of three 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. 21.11.2025 4/6

kmm To

1. The Judicial Magistrate, Thiruvottiyur, Thiruvallur District.

2. The Inspector of Police, All Women Police Station - Ennore, Avadi City.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR.J., kmm Crl.O.P.No.26380 of 2025 21.11.2025 6/6