Subashchandrabose v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.12.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO. 32704 of 2025 Subash Chandra Bose Petitioner Vs The State rep. by The Inspector of Police AWPS-Nannilam Police Station Thiruvarur District Crime No. 6 of 2024.

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest pending investigation in Crime No. 6 of 2024 on the file of the respondent police.

For Petitioner : Mr.Balamurugan Rengasamy For Respondent : Ms.J.R.Archana, Government Advocate (Criminal Side) ----

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 417 and 420 of IPC in Crime No. 6 of 2024, on the file of the respondent Police, seeks anticipatory bail.

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2. The allegation against the petitioner is that the petitioner and the defacto complainant fell in love with each other and the petitioner, taking advantage of the age of the victim who is 19 years, had sexual relationship with her on several occasions under the promise to marry her and subsequently, refused to marry her. Hence, the complaint was lodged. 3.The learned Counsel for the petitioner submits that the petitioner is not made any promise to the victim as alleged by the prosecution and investigation almost completed and the FIR was registered in the month of March, 2024 and the petitioner is ready to abide by any conditions that may be imposed by this Court.

4.The learned Government Advocate (Criminal Side) appearing for the respondent, reiterated the prosecution case and submits that in this case, investigation also completed and final report has also been filed. He further submits that a male child was also born to the victim and he opposed for grant of anticipatory bail to the petitioner. 2/6

5.Considering the fact that investigation is concluded by the respondent police and absconding charge sheet has also been filed, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif Cum Judicial Magistrate Court at Nannilam, on condition that the petitioner shall execute 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 Magistrate concerned and on further condition that: (a) If the petitioner fails to surrender before the concerned Magistrate, within a period of fifteen days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

[b] 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 3/6

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 learned District Munsif Cum Judicial Magistrate Court, Nannilam, at 10.30 am for a period of four weeks and all the hearing dates.

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court themselves 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. [f] The petitioner shall also co-operate for any medical examination during investigation/Trial if any required.

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To 1.The Inspector of Police AWPS-Nannilam Police Station Thiruvarur District Crime No. 6 of 2024.

2.The District Munsif Cum Judicial Magistrate Court Nannilam,

3. The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

MSM Crl.O.P.No. 32704 of 2025 03.12.2025.

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