M.K.M.Arunprakash v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN M.K.M.Arunprakash ... Petitioner Vs The State, Represented by, The Inspector of Police, All Women Police Station, Thoothukudi.

Crime No.19 of 2025 ... Respondent For Petitioner : Mr.G.Radhakrishnan For Respondent : Mr.S.Meenakshi Sundaram Additional Public Prosecutor For Intervenor : Mr.M.Dhinakar PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.19 of 2025 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 section 69 and 351(1) of the 1/4

Bharatiya Nyaya Sanhita, 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had sexual relationship with the de facto complainant by giving false promise to marry her and thereafter, he refused to marry her. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

4. The learned Additional Public Prosecutor appearing for the respondent police submits that the de facto complainant lodged a complaint against the petitioner by stating that he failed to promise to marry and he also having sexual relationship with her. Thereafter, he refused to marry her.

5. The learned Counsel appearing for the intervenor has serious objections for granting anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case that the petitioner accused has lodged a complaint against the de facto complainant on 25.03.2025. The present case in Crime No.19 of 2025 came to be registered only on 15.04.2025. Subsequently, in view of the above, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:

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7. 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 learned Judicial Magistrate Court No.IV, Thoothukudi, 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 10.30 a.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. [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 3/4

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.

BTR TO 1.The Judicial Magistrate Court No.IV, Thoothukudi. 2.Do through the Chief Judicial Magistrate,Thoothukudi. 3.The Inspector of Police, All Women Police Station, Thoothukudi. 4.The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai.

ORDER IN CRL OP(MD) No.8445 of 2025 Date :08/05/2025 PP/26.05.2025 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4