Pavan Kumar @ Kutty v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-11-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.32671 of 2025 Pavan Kumar @ Kutty Petitioner Vs The State Represented by The Inspector of Police, W-7 All Women Police Station, Anna Nagar, Chennai City.
Crime No.42 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.42 of 2025 on the file of the respondent police. For Petitioner: Mr.P.Pugalenthi For Respondent: Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 15.11.2025 for the alleged offence punishable under Sections 332, 75(1)(ii) of BNS, in Crime No.42 of 2025, seeks bail.
2. The allegation against the petitioner is that the petitioner is the friend of the defacto complainant's brother and, taking advantage of the same, he came to the house of the defacto complainant. After consuming food, the petitioner allegedly attempted to outrage her modesty by touching her inappropriately. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that due to previous enmity, the petitioner has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody from 15.11.2025. Hence, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that the
petitioner is not having any previous case against him. He further submitted that the investigation is still pending.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the submissions made by the learned counsel on either side, the nature of the allegations, considering the period of his incarceration and that the petitioner has no previous case, this Court is inclined to grant bail to the petitioner on 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, Magistrate Level, Egmore, Chennai-8, 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 daily 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 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. 28.11.2025 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, Magistrate level, Egmore, Chennai - 8.
2.The Inspector of Police, W-7 All Women Police Station, Anna Nagar, Chennai City.
3.The Superintendent, Central Prison,-2, Puzhal, Chennai-66.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.32671 of 2025
28.11.2025