Raman v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Raman ... Petitioner / Sole Accused Vs 1.The State of Tamil Nadu Represented by the Inspector of Police, Lalkudi All Women Police Station, Trichy District.
Crime No.21 of 2024 2.The State of Tamil Nadu Represented by the Inspector of Police, Fort All Women Police Station, Trichy District.
Crime No.1 of 2025 ... Respondents / Complainants For Petitioner : Mr.S.Veerapandiselvaraj, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) 1/6
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No.1 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Section 417 @ 417, 376 of IPC in Crime No.1 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner had an affair with the defacto complainant and they also indulged in physical intercourse. As a result of which, the defacto complainant became pregnant and delivered a child.
3. Heard the learned counsel on either side and perused the material records of the case.
4. The learned counsel for the petitioner submitted that the petitioner is not the father of the child and that the defacto complainant had an affair with some one else.
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5. In the light of the above stand taken by the petitioner, there shall be a direction to the investigation officer to start the process of getting a DNA Report. The petitioner shall cooperate for the same.
6. Taking into consideration the facts and circumstances of the case and considering the age of the petitioner and the age of the victim girl and considering the stand taken by the petitioner, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Additional Mahila Court, Trichy, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar 3/6
card or Bank Pass Book to ensure their identity. [b] the petitioner shall report before the respondent police every Monday and Friday at 10.30 a.m for a period of four weeks and thereafter, as and when required for interrogation.
[c] if ultimately in the DNA Report it comes to light that the petitioner is the father of the child, the prosecution shall immediately move this Court seeking for cancellation of anticipatory bail and they have to subject the petitioner to custodial interrogation;
[d] if the petitioner fails to cooperate for giving the sample in order to enable the investigation officer from getting the DNA Report, the prosecution shall move this Court seeking for cancellation of anticipatory bail; [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 4/6
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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 09/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PKN TO 1 THE ADDITIONAL MAHILA JUDGE, TRICHY.
2 THE INSPECTOR OF POLICE, LALKUDI ALL WOMEN POLICE STATION, TRICHY DISTRICT.
3 THE INSPECTOR OF POLICE FORT ALL WOMEN POLICE STATION, TRICHY CITY.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.S.VEERAPANDISELVARAJ, Advocate ( SR-366[I] dated 10/01/2025 )
ORDER
IN CRL OP(MD) No.407 of 2025 Date :09/01/2025 SS/SKN/SAR- /24/01/2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6