Sekar v. The State Rep By, The Sub Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.12.2025 CORAM :
THE HON'BLE MR. JUSTICE K. RAJASEKAR Sekar ... Petitioner -VsState Rep by, The Sub-Inspector of Police, Peranamallur Police Station, Peranamallur, Thiruvannamalai District.
(Crime No.225 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS Act, 2023, pleased to enlarge the petitioner on bail in Crime No.225 of 2025 pending on the file of the respondent police.
For Petitioner :
Mr.K.G.Senthilkumar For Respondent :
Mr.A.Gopinath, Government Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 1/7
23.10.2025, for the alleged offence punishable under Sections 332(C), 74, 75, 78 of BNS and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.225 of 2025, on the file of the respondent police, seeks bail. 2/7
2. The allegation against the petitioner is that the petitioner is the neighbour of the victim lady, and while she was alone in her house, this petitioner went inside and attempted to commit rape on her. Hence, the complaint was lodged, and the petitioner was arrested and is in judicial custody.
3. Learned counsel appearing for the petitioner submitted that the petitioner is known to the victim and that the petitioner went inside the house due to a previous acquaintances and it is not a case of attempted rape. He further submitted that the petitioner is in judicial custody since 23.10.2025. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the investigation in this case is pending. However, he opposes to grant bail to the petitioner.
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 both sides, and taking into account that it is not a case of any physical assault, except 3/7
for an attempt to pull the hands of the victim, 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 Judicial Magistrate, Cheyyar, Thiruvannamalai District, 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;
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[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.
01.12.2025 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 5/7
official website of this Court will be watermarked and will also have a QR code.
To 1.The Judicial Magistrate, Cheyyar, Thiruvannamalai District.
2.The Sub-Inspector of Police, Peranamallur Police Station, Peranamallur, Thiruvannamalai District.
3.The Superintendent, Central Prison, Vellore.
4.The Public Prosecutor, High Court, Madras.
K. RAJASEKAR, J.
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