Nk D Velautham v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI NK.D.Velautham ... Petitioner/ Sole Accused Vs State of Tamil Nadu Rep.by, The Inspector of Police, Contonment Police Station, Trichy City, Trichy District.

(Crime No.246 of 2025) ... Respondent/Complainant For Petitioner : Mr.K.Jayaraman Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.246 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 79 of BNS, 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998, in Crime No.246 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant working as sales woman at Salem Army Canteen and the petitioner gave a false allegation against the defacto complainant and Manager Raman, who is working in Trichy Army Canteen before the Headquarters. Hence, the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner has lodged a complaint against the defacto complainant and the Manager Raman before the General Officer, HQ, Dakshin Bharat Area, Chennai on 20.02.2025. Based on which, the internal enquiry was going on in which the defacto complainant has given her statement before the authorities. He would further submit that on the instruction of the higher authorities, the petitioner has withdrawn his complaint against the defacto complainant, dated 17.04.2025 and the same was closed by the authorities, but without any enquiry, FIR was registered against the petitioner. He 2/6

would further submit that the petitioner is innocent and he has no way connected with the complaint. Hence, he seeks anticipatory bail. 4.The learned Government Advocate (Criminal Side) would submit that the petitioner is residing at Thanjavur. The defacto complainant is residing at Salem and lodged a complaint against the petitioner at Trichy Cantonment Police Station. He would further submit that there is no sexual assault made by the petitioner.

5. Considering the facts and circumstances of the case, and taking into account of the fact that as the date of occurrence is 15.02.2025, by this time most of the investigation would have been completed, and also considering the fact that there is no sexual assault made by the petitioner and that except the offence under Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998, all other offences are bailable in nature and custodial interrogation of the petitioner does not require, this Court is inclined to enlarge the petitioner on anticipatory bail.

6. Accordingly, the petitioner is ordered to be released on 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 No.II, Trichy, on 3/6

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 Judicial Magistrate No.II, Trichy, 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 furnish his residential address and mobile number to the learned Judicial Magistrate No.II, Trichy. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.II, Trichy;

(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

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(e) the petitioner shall not abscond either during investigation or trial; (f) 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 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] and; (g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 10/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

VSD TO 1 THE JUDICIAL MAGISTRATE NO.II TRICHY.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY.

3 THE INSPECTOR OF POLICE, CANTONMENT POLICE STATION, TRICHY CITY, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.8878 of 2025 Date :10/06/2025 SS/SAR- /19/06/2025/ 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6