S.Vijayakumar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.33239 of 2025 Vijayakumar. S Petitioner Vs The State Represented by The Inspector of Police, E-1 Police Station, Mylapore, Chennai.
Crime No.617 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.617 of 2025 on the file of the respondent police. For Petitioner:
Mr.R.Radha Pandian For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 17.11.2025 for the alleged offence punishable under Sections 296(b), 75(2) of BNS Act and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.617 of 2025, seeks bail.
2. The allegation against the petitioner is that the petitioner had attempted to molest the victim girl in the temple while the victim was worshipping. Hence, a complaint was lodged and the petitioner was arrested.
3. The learned counsel appearing for the petitioner submitted that the petitioner is in judicial custody since 17.11.2025. He further submitted that it is not a case of sexual assault and that the petitioner has not having any bad antecedents. 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 has no previous case and that the investigation is still pending. Hence, he opposed 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 either side, the nature of the allegations, the fact that the petitioner is in judicial custody from 17.11.2025 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 her 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 Metropolitan Magistrate Court No.XVIII, Saidapet, Chennai, 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 two 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. 04.12.2025 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 Metropolitan Magistrate Court No.XVIII, Saidapet, Chennai, 2.The Inspector of Police, E-1 Police Station, Mylapore, Chennai.
3.The Superintendent, Central Prison, Puzhal, Chennai.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.33239 of 2025
04.12.2025