Sathish Alias Sathishkumar, v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL CRL OP(MD). No.2285 of 2025 Sathish @ Sathishkumar, S/o. Jayaraman, No.103, Chinnarampatti, Thiruppathur, Vellore-635652.

... Petitioner/Sole Accused Vs The State of Tamil Nadu,, Rep. by the Inspector of Police, V.K.Pudur Police Station, Tenkasi District.

(In Crime No. 10 of 2025).

... Respondent/Complainant For Petitioner : Mr.S.Saravanakumar, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No. 10 of 2025 on the file of the respondent-Police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 03.02.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant an order of pre-arrest bail.

2. The petitioner apprehends arrest at the hands of the respondent-Police for the offences punishable under Sections 78(2), 332(c), 75(2), 79 of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.10 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that on 18.01.2025, at about 02.00 p.m., the petitioner, who is working as a Sub Inspector of Police at V.K.Pudur Police Station along with the another Policeman followed the defacto complainant while she was returning to house and entered into the house and misbehaved with the defacto complainant. Hence, the complaint.

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4. Mr.S.Saravankumar, learned counsel appearing for the petitioner, submits that the petitioner has nothing to do with the alleged offence. He further submits that due to previous enmity between the petitioner and the defacto complainant, a false case has been registered against the petitioner. He further submits that he is ready to abide by any conditions to be imposed by this Court. Therefore, he prays for granting pre-arrest bail to the petitioner.

5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent-Police, submits that the petitioner, who is working as a Sub Inspector of Police at V.K.Pudur Police Station, has misbehaved with the defacto complainant. Hence, he vehemently opposes the grant of pre-arrest bail to the petitioner.

6. The petitioner has permanent residence and deep roots in the society and hence, there is less possibility of absconding. Since the petitioner is working as a Sub Inspector of police, with a view to give one more opportunity to the petitioner to reform himself in the society, and taking note of the fact that custodial interrogation may not be necessary in this case, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions: 3/6

(i) The petitioner shall be released on bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate, Alangulam, Tenkasi District, within a period of fifteen days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the learned Judicial Magistrate, Alangulam, Tenkasi District;

(ii) Thereafter, the petitioner shall stay at Kovilpatti and appear and sign before the learned Judicial Magistrate No.I, Kovilpatti on every Tuesday, Wednesday and Thursday at 10.00 a.m., until further orders. Further, the petitioner shall appear before the respondent-Police as and when required for investigation; (iii)The petitioner should not enter into the Keela Veeranam village, V.K.Pudur until further orders.

(iv) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Judicial Magistrate, Alangulam, Tenkasi District, shall obtain a copy of any one of identity proofs to ensure their identity; (v) The petitioner shall furnish his residential address and mobile number to the learned learned Judicial Magistrate, Alangulam, Tenkasi District; 4/6

(vi) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not try to contact the defacto complainant or her relatives either directly or through any electronic modes and shall not tamper the evidence; and (vii) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Alangulam, Tenkasi District or Trial Court as the case may be, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon-ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

7. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

Sd/- 07/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE, ALANGULAM, TENKASI DISTRICT.

2 DO-THROUGH-THE CHIEF JUDICIAL MAGISTRATE TENKASI DISTRICT.

3 THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI.

4 DO-THROUGH-THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT.

5 THE INSPECTOR OF POLICE, V.K.PUDUR POLICE STATION, TENKASI DISTRICT.

6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.A.BALAJI, Advocate ( SR-1480[I] dated 07/02/2025 )

ORDER

IN CRL OP(MD) No.2285 of 2025 Date :07/02/2025 ES/SKN/SAR/19.02.2025/6P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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