Tamilmaran v. State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Tamilmaran ... Petitioner / Accused -vsState Rep. By The Inspector of Police, Anaikaranchatram Police Station, Cuddalore District.

(Crime No.379 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C and 483 of B.N.S.S., 2023, to enlarge the petitioner on bail in Crime No.379 of 2025 pending on the file of the respondent.

For Petitioner : Mr.R.Thamarai Selvan For Respondent : Mr.V.J.Priyadarsana, Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 11.09.2025, for the alleged offence punishable under Sections 296(b), 75(2) of BNS, in Crime No.379 of 2025, on the file of the respondent police, seeks bail. 1/6

2. The case of the prosecution is that on 11.09.2025 the defacto complainant has given a complaint stating that her husband died in the year of 2021 and she has one daughter and one son while this is so, the petitioner had alcohol and came to the house of the defacto complainant and sexually abused the defacto complainant and tortures the defacto complainant to have sexual relationship with the petitioner. On 10.09.2025, the defacto complainant's uncle came to the house of the defacto complainant along with his son from Vaniyambadi, at that time, the petitioner has come to the house of the defacto complainant in a inebriated condition and abused the defacto complainant with the filthy language at that time the defacto complainant's uncle questioned the petitioner for which the petitioner has threatened the defacto complainant and his uncle with dire consequences. Hence the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and he is in judicial custody from 11.09.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner. 2/6

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the investigation is almost completed and no previous case is pending against the petitioner. However, he opposed for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioner, and this Court is inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Sirkali, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure 3/6

their identity;

[b] the petitioner shall report before the concerned Judicial Magistrate at 10.30 a.m on every Monday to Friday and appear before the respondent police at 10.30 a.m on every Saturday and Sunday until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action 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 vs. State of Kerala [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

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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 official website of this Court will be watermarked and will also have a QR code.

To 1.The learned Judicial Magistrate, Sirkali.

2.The Inspector of Police, Anaikaranchatram Police Station, Cuddalore District.

3.The Superintendent of Police, Central Prison, Cuddalore.

4.The Public Prosecutor, High Court of Madras.

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N.SENTHILKUMAR, J.

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