Avadhesh Singh v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 6652 of 2026 Avadhesh Singh ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, AWPS Police Station, Pudhukottai, Thoothukudi District.

(Crime No.05 of 2026)

...Respondent/Complainant

For Petitioner : Mr.D.Rajaboopathy Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 05 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 21.03.2026 for the offences punishable under Sections 75, 78 of BNS and Section 4 of TNPHW Act, in Crime No.05 of 2026 on the file of the respondent 1/6

police, seeks bail.

2.The case of the prosecution is that on 09.12.2025, the petitioner, who was working as a toll plaza employee, allegedly subjected the de facto complainant to sexual harassment by sending text messages over the phone. Hence, the case has been registered.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not involved in any offence as alleged in the FIR. The petitioner and the defacto complainant are husband and wife. Without any valid reason, only on suspicious manner he was arrested on 21.03.2026 for the alleged occurrence dated 09.12.2025. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner was working as Manager in Toll plaza and outraged to modesty of the defacto complainant and the investigation is pending He vehemently opposed the grant of bail to the petitioner. However, there is no previous case against the petitioner. 2/6

5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side, considering the nature of offence, the complaint was lodged after 6 months of delay, there is no previous case pending against the petitioner and also considering the period of incarceration of the petitioner from 21.03.2026, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to 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 Judicial Magistrate No.III, Thoothukudi and on further conditions that:

[b] the petitioner shall report before the respondent police, daily at 10.30 a.m., until further orders;

[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

[d] the petitioner shall not abscond either during investigation 3/6

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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [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.

(P D B J) 06.04.2026 TM To 1.The Judicial Magistrate No.III, Thoothukudi. 2.The Inspector of Police, AWPS Police Station, Pudhukottai, Thoothukudi District.

(Crime No.05 of 2026) 3.The Superintendent, District Jail, Peraorani, Thoothukudi District. 4/6

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

5/6

P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 6652 of 2026 Date : 06.04.2026 6/6