Raguraman v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/04/2025 PRESENT THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Raguraman ... Petitioner/Sole Accused Vs.

The State of Tamil Nadu Rep. by the Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

(Crime No.169 of 2025) ... Respondent/Complainant For Petitioner : Mr.C.Senthil Murugan, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS, 2023 PRAYER :- For bail in Crime No.169 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 28.04.2025 1/6

under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant an order of bail.

2. The petitioner/Sole Accused was arrested and remanded to judicial custody on 02.04.2025 for the offences punishable under Sections 296(b), 308(2), 75(2) and 78

(2) of Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No.169 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that the defacto complainant, a college-going student, was heading to the bus stand at around 7:00 p.m. On 01.03.2025 to catch a bus to college. While she was talking to her friend, who was travelling on a bus, the petitioner followed her on a two-wheeler bearing Registration No.TN-65-BB-3912, used abusive language to abuse her, and attempted to sexually harass her. Hence, the case.

4. Mr.C.Senthil Murugan, the learned counsel for the petitioner, submits that the petitioner is an innocent person, that he has not committed any offence as alleged by the prosecution and that a false case has been foisted against him. He, however, submits that the petitioner is ready to abide by any conditions that may be imposed by this Court. He further submits that the petitioner has been in judicial custody since 02.04.2025. He therefore prays for grant of bail to the petitioner.

5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate 2/6

(Criminal Side) appearing for the respondent-police, submits that the victim girl is aged about 18 years. He further submits that on the alleged date of occurrence, the petitioner abused the defacto complainant in filthy language and attempted to sexually assault her. He further submits that if bail is granted to the petitioner, he may cause threat to the defacto complainant and the witnesses. He further submits that there is no previous case pending against the petitioner. However, he prays to dismiss this Criminal Original Petition.

6. Heard on both sides and perused the records.

7. The petitioner was arrested and remanded to judicial custody on 02.04.2025. In view of the offences allegedly committed by the petitioner, this Court is of the opinion that further custody of the petitioner is not necessary for the Investigating Agency in this case. Further, the petitioner has permanent residence and deep roots in the society, and hence, there is less possibility of absconding. Considering the same, and also considering the period of incarceration, and taking note of the fact that there is no previous antecedents against the petitioner, and with a view to give an opportunity to the petitioner to reform himself, this Court is inclined to grant bail to the petitioner, however, subject to certain conditions. Accordingly, bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand 3/6

only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate, Ramanathapuram;

(ii) 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, Ramanathapuram, shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Ramanathapuram; (iv) The petitioner shall stay at Madurai execution of suretyship and shall appear and sign before the Inspector of Police, Thallakulam Police Station, Madurai City, daily at 09.00 a.m., and 06.00 p.m., until further orders; (v) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023;

(vi) The petitioner shall not commit an offence similar to the offence of he is accused, or suspected, of the commission of which he is suspected; (vii) The petitioner should not enter into the house and street of the defacto complainant or her college, where she is studying; (viii) The petitioner should not try to contact the defacto complainant through 4/6

his men or agent or any other electronic gadgets; (ix) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

(x) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses; and (xi) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Ramanathapuram, 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].

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

sd/- 30/04/2025 / TRUE COPY / 02/05/2025 Sub-Assistant Registrar (PA-I) Madurai Bench of Madras High Court, Madurai - 625 023.

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TSG To

1. The Judicial Magistrate, Ramanathapuram.

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

3. The Officer-in-Charge, District Prison, Ramananthapuram.

4. The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

5. The Inspector of Police, Thallakulam Police Station, Madurai City

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

ORDER

IN CRL OP(MD) No.8147 of 2025 Date :30/04/2025 NBF/SAR/02.05.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6