Sekar v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR SEKAR Petitioner(s) Vs State rep by the Inspector of Police Vikkiramangalam Police Station, Ariyalur District Cr.No.230 of 2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner/1st accused on bail in Cr.No.230 of 2025 pending investigation on the file of the respondent For Petitioner(s):

Mr.S.C.Vishwanth For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 27.09.2025, for the offence punishable under Sections 296(b), 115(2), 118(1), 109(1), 351(3) of BNS r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.230 of 2025, registered on the file of the respondent, seeks bail.

2.The case of the prosecution, as per the defacto complainant, is that due to a civil dispute between the petitioners and the defacto complainant's family members, the petitioner along with his wife abused the defacto complainant and her husband using filthy language. They also allegedly assaulted her using a spade. When the defacto complainant's husband intervened to rescue her, he was also assaulted by the petitioner, as a result of which both sustained injuries. Hence, this case.

3.The learned counsel appearing for the petitioner would submit that petitioner is innocent and has not committed any offence, as alleged by the

prosecution and a false complaint has been lodged against him by the defacto complainant due to previous enmity. He would further submit that the petitioner is ready to abide by any condition, that may be imposed by this Court and also to appear and co-operate for the investigation, therefore, he prayed for the grant of anticipatory bail to the petitioner.

4.

Learned Government Advocate (Crl. Side) appearing for the respondent police opposed for granting anticipatory bail to the petitioner, stating that, due to previous enmity with regard to land dispute, the petitioner has abused and assaulted the defacto complainant and also her husband using spade and also threatened them with dire consequences. He further submitted that the petitioner has no previous case.

5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record including the FIR.

6. Considering the facts and circumstances of the case, the period of

incarceration undergone by the petitioner and the petitioner has no previous antecedents, this Court is inclined to grant bail to the petitioner with certain conditions.

7.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Jayamkondam 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 Station everyday at 10:30 a.m., for a period of two 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.

14-10-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes 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.

To 1.State rep by the Inspector of Police Vikkiramangalam Police Station, Ariyalur District Cr.No.230 of 2025 2.The Judicial Magistrate No.1, Jayamkondam.

3.The Sub Jail, Ariyalur.

4.The Public Prosecutor High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 28053 of 14-10-2025