← Library
Madras High CourtCRL OP/35384/2025granted

Suresh v. State Represented By The Inspector Of Police

2025-12-26Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. Suresh S/o. MARIMUTHU, NO 659, MAIN ROAD, ERAIYUR, TIRUVANNAMALAI 606 704.

Petitioner(s) Vs

1. State Represented By The Inspector Of Police Pachal Police Station, Tiruvannmalai.

Crime.No. 219 Of 2025 Respondent(s) PRAYER To enlarge the petitioner on bail in crime no 219 of 2025 on the file of the inspector of police, pachal police station tiruvannamlalai and thus render justice. For Petitioner(s):

M.Vinoth For Respondent(s):

Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 08.12.2025, for the alleged offence punishable under Sections 74, 75, 78, 296(b), 351(2) of BNS, 2023 and section 4 of Tamilnadu Prohibition of Woman

Harassment Act, 2002 in Crime No.219 of 2025, on the file of the respondent police, seeks bail.

2.

The case of the prosecution is that earlier the defacto complainant/victim and the petitioner were having an affair. Subsequently, the victim refused to continue the relationship. Due to which, on 30.10.2025, the petitioner abused the defacto complainant in filthy language and threatened her with dire consequences and continuously harassed her. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and is in judicial custody from 08.12.2025. Hence, he prayed bail for the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the investigation in this case is 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 rival submissions made by the learned counsel on either side and the nature of the offence, and the relationship between the parties, and that there are no previous cases pending against the petitioner and also considering the period of his incarceration, this Court is inclined to grant bail to the petitioner, subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Chengam and on further conditions that:- [b] the petitioner shall report before the Inspector of Police, Chengam Police Station, everyday at 10.30 a.m., for a period of 30 days. [c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement,

threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

26-12-2025 mpa/at Index:Yes/No Speaking/Non-speaking order Internet:Yes 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 Judicial Magistrate, Chengam.

2.State Represented By The Inspector Of Police Pachal Police Station, Tiruvannmalai.

Crime.No. 219 Of 2025 3.The Officer Incharge, Sub Jail, Chengam.

4.The Public Prosecutor High Court of Madras.

P.DHANABAL J.

mpa/at CRL OP No. 35384 of 26-12-2025