Pugazhenthi v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.33479 of 2025 Pugazhenthi Petitioner Vs The State Represented by The Inspector of Police, W-7 All Women Police Station, Anna Nagar Police Range, Chennai.
Crime No.34 of 2025.
Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.34 of 2025, on the file of the respondent police. For Petitioner:
Mr.J.Jawahar For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody
on 06.10.2025 for the alleged offence punishable under Sections 63(d)(v), 64(2)(i), 64(2)(m), 123, 77, 49, 351(2) of BNS Act read with 66(E) of the Information Technology Act (Amendment Act) @ 64(2)(m), 66 of 351(2) of BNS, Act in Crime No.34 of 2025 on the file of the respondent police, seeks bail.
2. The allegation against the petitioner is that the petitioner developed a relationship with the victim girl aged 21 years and taking advantage of her age, the petitioner had committed sexual intercourse with with her, which resulted in pregnancy. Subsequently, due to illness, she was taken to hospital, where it was revealed to the police, who lodged the complaint and the petitioner was arrested.
3. Learned counsel appearing for the petitioner submitted that the petitioner is in judicial custody since 06.10.2025. He further submitted that investigation completed and the final report filed and that the petitioner has no previous case against him. Hence, he prayed to grant bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted the statement of the victim girl as well as the nature of the offence alleged against the
petitioner. He further submitted that the investigation is completed and the final report filed. Hence, he opposed to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the submissions made by the learned counsel on either side, and considering the period of his incarceration, investigation is completed and the final report filed and that the petitioner has no previous case, 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, for a like sum to the satisfaction of the learned Additional Mahila Court, Egmore, 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 stay at Salem and report before the Judicial Magistrate No.I, Salem, daily
at 10.30 a.m., 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. 08.12.2025 drl
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 Additional Mahila Court, Egmore.
2.The Inspector of Police, W-7 All Women Police Station, Anna Nagar Police Range, Chennai.
3.The Superintendent, Central Prison, Puzhal, Chennai.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.33479 of 2025 08.12.2025