Saravanan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN Saravanan ... Petitioner Vs State of TamilNadu rep. by The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

(In Crime No.650 of 2024) ... Respondent For Petitioner : Mr.S.Suresh Kumar For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.650 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/ Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 296(b), 351(3) of BNS 1/5

and Section 67 of IT Act, 2008 in Cr.No.650 of 2024 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that in the year 2023, the defacto complainant borrowed loan to the tune of Rs.16,50,000/- for her friend from the Finance Company, namely, Mahaveer Finance Ltd., Nagercoil, where the petitioner is working as Branch Manager. Since the defacto complainant failed to pay the monthly installment from March 2024, the petitioner contacted the defacto complainant and threatened her. Further, on 12.08.2024, the petitioner sent obscene message to the defacto complainant through Whatsapp and sexually harassed her. Hence the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner did not involve in any of the offences as alleged by the prosecution. The petitioner is an innocent and he is falsely implicated in this case. The petitioner is ready to abide by any conditions to be imposed by this Court. He, therefore, prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police would submit that on verification of the mobile phone of the petitioner, it is seen that all the photos were deleted and the phone was formatted. However, he prays to dismiss this Criminal Original Petition. 2/5

5. Considering the nature of the allegations and considering the nature of transaction between the petitioner and the defacto complainant, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:

6. Accordingly, the petitioner is ordered to be released on anticipatory 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 Judicial Magistrate Court, Valliyoor, Tirunelveli District, 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 card or Bank Pass Book to ensure their identity. [b] the petitioner shall report before the respondent Police daily at 10.30a.m. until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial. 3/5

[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 petitioners 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

sd/- 08/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

Yuva TO 1.The Judicial Magistrate Court, Valliyoor, Tirunelveli District.

2. Do through the Chief Judicial Magistrate,Tirunelveli. 3.The Inspector of Police, Valliyoor Police Station, Tirunelveli District. 4.The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai. +1 CC to M/s.S.SURESH KUMAR, Advocate ( SR-5451[I] dated 09/05/2025 ) 4/5

ORDER IN CRL OP(MD) No.2626 of 2025 Date :08/05/2025 PP/26.05.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5