Deenhanesh v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.12.2025
CORAM
THE HON'BLE MR. JUSTICE P.DHANABAL Crl.O.P.No.35882 of 2025 Deenhanesh ... Petitioner Vs.
State, represented by, The Inspector of Police, All Women Police Station, Muthupettai, Thiruvarur District.
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023 to enlarge the petitioner on bail, pending investigation of the case in Crime No.10 of 2025 on the file of the respondent. For Petitioner : Mr.Vijaya Ragavan For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 29.10.2025, for the alleged offence punishable under Sections 127(2), 329(4) 1/6
and 64 of BNS, 2023 in Crime No.10 of 2025, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner had trespassed into the defacto complainant's house, confined her and committed rape against her. Hence, the complaint.
3. Learned counsel appearing for the petitioner submitted that the case was registered based on the false complaint given by the defacto complainant and that the petitioner is an innocent and no way connected with the alleged offence. He would further submit that the petitioner was arrested and is in judicial custody from 29.10.2025. Hence, he prayed bail for the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that after completion of investigation, final report has been filed. 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.
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6. Considering the nature of offence, after completion of investigation, final report has been filed, considering the period of incarceration undergone by the petitioner and also considering all others factors, 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 learned Judicial Magistrate, Thiruthuraipoondi, Thiruvarur District and on further conditions that:- [b] the petitioner shall report before the learned Judicial Magistrate, Thiruthuraipoondi, Thiruvarur District on all working days at 10.30 a.m., until further orders.
[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 3/6
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 Vv 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.
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To
1. The Judicial Magistrate, Thiruthuraipoondi, Thiruvarur District 2.The Inspector of Police, All Women Police Station, Muthupettai, Thiruvarur District.
3.The District Jail, Nagapattinam 4.The Public Prosecutor, High Court of Madras.
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P.DHANABAL, J.
Vv Crl.O.P.No.35882 of 2025 26.12.2025 6/6