S.Paneerselvam v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.12.2025
CORAM
THE HONOURABLE MR. JUSTICE P.DHANABAL Crl.O.P.No.35845 of 2025 S.Paneerselvam ... Petitioner Vs.
State represented by The Inspector of Police, Polur Police Station, Thiruvannamalai District.
(Crime No.338 of 2025).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023, to enlarge the petitioner on bail in Crime No.338 of 2025 pending on the file of the respondent police.
For Petitioner :
Mr.M.Parthasarathy 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 04.11.2025, for the alleged offences punishable under Section 64(1) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.338 of 2025, on the file of the respondent police, seeks bail.
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2. The case of the prosecution is that on 15.03.2025, the de facto complainant was last in the company of certain persons, and on 18.10.2025, a medical examination at the Government Hospital revealed that she was eight months pregnant. Hence, the present case came to be registered.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that that the petitioner has been suffering incarceration from 04.11.2025 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed bail for the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case, investigation is pending and the offences are serious in nature and submitted that no previous case pending against the petitioner. However, he vehemently opposed to grant of 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 allegations, period of incarceration of the petitioner and the petitioner is not named accused in the First Information Report, and also considering the fact that investigation almost completed and no previous case pending against the petitioner, 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 Court, Polur, and on further conditions that:- [b] the petitioner shall report before the respondent police everyday 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 dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;
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[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;
30.12.2025 cda 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 Court, Polur.
2.The Inspector of Police, Polur Police Station, Thiruvannamalai District.
3.The Central Prison, Vellore.
4.The Public Prosecutor, High Court of Madras.
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P.DHANABAL, J.
cda Crl.O.P.No.35845 of 2025 30.12.2025 6/6