Somasundaram v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Somasundaram ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Kannivadi Police Station, Dindigul District.

Cr.No.327 of 2025. ... Respondent/Complainant For Petitioner : Mr. M.Vijaya Ragavan, Advocate.

For Respondent : Mr.S.S. Manoj, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.327 of 2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 3.12.2025 for the offences punishable under Sections 329(4), 296(b), 115(2) and 351(3) of BNS, 2023 and u/s. 4 of Tamil Nadu Prohibition of Harassment of Women Act @ u/s. 329(4), 296(b), 115(2), 351(3), 64(1) and 79 of BNS, 2023 and u/s. 4 of the TNPHW Act r/w. u/s. 67 of Information Technology Act, 2000 in Crime No.327 of 2025 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the petitioner herein had an illegal relationship with the de facto complainant, and when the same was refused by her, the petitioner trespassed into her house, assaulted her with his hands, abused her in filthy language, and also sent private videos of their intimate relationship to a relative of the de facto complainant. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. 2/6

He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 3.12.2025. Hence, he seeks bail to the petitioner.

4. The learned Government Advocate (Crl. side) would submit that there is no previous cases pending against the petitioner and the investigation of the case is pending and hence, he opposed for grant of bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the fact that there is no previous case pending against the petitioner and the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions: :

6. Accordingly, the petitioner is ordered to be released on bail on 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 District Munsif Cum Judicial Magistrate, Aathoor, Dindigul District, and 3/6

on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall appear before the respondent Police daily at 10.00 am until further orders. Further, the petitioner is restrained from entering into the street, house, school and college of the defacto complainant's family.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned 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].

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

(S S Y J) 12.01.2026 TRP TO

1. The District Munsif Cum Judicial Magistrate, Aathoor, Dindigul District,

2. Do-Through The Chief Judicial Magistrate, Dindugal District.

3. The Superintendent, Sub Jail, Dindigul.

4. The Inspector of Police, Kannivadi Police Station, Dindigul District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J TRP

ORDER

IN CRL OP(MD) No.710 of 2026 Date : 12/01/2026 6/6