Hemanram v. State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.33931 of 2025 Hemanram ... Petitioner Vs.

State rep by its Inspector of Police, All Women Police Station, Coimbatore.

... Respondent (Cr.No.49 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of his arrest at the hands of the respondent pending investigation in Cr.No.49 of 2025 on the file of the respondent.

For Petitioner : Mr.G.Karthick For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 83 and 318(2) of BNS in Cr.No.49 of 2025, on the file of the respondent police. seeks anticipatory bail.

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2. The allegation against the petitioner is that the petitioner herein had developed a relationship with the defacto complainant, who is aged about 20 years, had a physical relation with her under the promise of marrying her and subsequently, he refused to marry her., which led to the registration of an FIR. On the basis the complaint, the respondent police has conducted enquiry. After lodging the complaint, the petitioner got married the victim and deserted her Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that it is a consensual relationship between the parties and did not promise to marry her. After lodging the complaint, the petitioner got married the victim girl. He further submitted that the petitioner is ready and willing to cooperate with the investigation and, therefore, prayed for the grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner had sexual intercourse with the defacto complainant under the pretext of marrying her and refused to marry her. Later, the petitioner got married the victim and deserted her. Hence, he opposed the grant of anticipatory bail to the petitioner. 2/6

5. Heard the learned counsel on either side and perused the materials available on record.

6. Taking all the factors into consideration and the submissions made by both counsel and age of the victim, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned Additional Mahila Court, Coimbatore 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 learned Magistrate concerned, and on further condition that:

(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) 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 Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; 3/6

(c) The petitioner shall report before the respondent police daily at 10.30a.m., for a period of three weeks and there after as and when required for interrogation;

(d) The petitioner shall cooperate fully with the investigation, including submitting himself to any medical examination as and when required by the Investigating Officer;

(e) The petitioner shall not tamper with evidence or witness either during investigation or trial; (f) The petitioner shall not abscond either during investigation or trial:

(g) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (h)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

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To

1. The Additional Mahila Court, Coimbatore

2. The Inspector of Police, All Women Police Station, Coimbatore.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.33931 of 2025 16.12.2025 6/6