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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-11-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR RATHISH Petitioner(s) Vs The State Rep By, The Inspector of Police Pallikonda Police Station, Vellore District. Crime No.207 of 2025.

Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.207 of 2025 pending on the file of the respondent police. For Petitioner(s):

Mr.S.A.Saranraj For Respondent(s):

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 17.10.2025, for the offence punishable under Sections 75(1)(i), 75(2) of BNS r/w 4 of TNPHW Act, in Crime No.207 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner misbehaved with the defacto complainant victim girl by pressing her breast. Hence, the case. 3.The learned counsel for the petitioner submitted that the petitioner was remanded to judicial custody on 17.10.2025 and the petitioner is falsely implicated in this case, he is innocent of the offences and no way connected with the case, that the petitioner is having permanent residence and he is ready to furnish sufficient sureties to ensure his regular attendance and abide by any condition imposed by this Court. Hence, the learned prayed for grant of bail to the petitioner.

4.The learned Government Advocate (Crl.side) for the respondent police reported that the petitioner is the sole accused in this case and there is no previous case as against the petitioner and he is involved in the offence women harassment and it should be viewed seriously, and the investigation is under progress. Hence, he opposed for grant of bail to the petitioner.

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

6. Considering, the nature of allegation; period of incarceration; the submissions made on either side; there is no previous cases pending against the petitioner and since further custody is not required for the purpose of investigation, 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.20,000/- (Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magisrate (Additional Mahila), Vellore 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 their identity;

[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation;

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

[d] the petitioner shall not tamper with 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.

10-11-2025 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.The State Rep By, The Inspector of Police Pallikonda Police Station, Vellore District. Crime No.207 of 2025.

2.The Judicial Magistrate (Additional Mahila), Vellore.

3.The Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 30622 of 10-11-2025