Iyyappan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/05/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Iyyappan, S/o. Anbalagan, No. 5/145, Nadar Street, Arampannai,Padmanabhamangalam Thoothukudi- 628 619..

... Petitioner/Accused Vs The State of Tamilnadu, Rep. by the Inspector of Police, Puthukottai AWPS., Thoothukudi.

Crime No. 10/2025..

... Respondent/Complainant For Petitioner : M/s.K.Raghul Priyan-Ms/921/2018, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 10 of 2025 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner /accused No.7, who was arrested and remanded to judicial custody on 11.04.2025 for the offences under sections 376, 448, 506(i) I.P.C and Section 67 of IT Act @ Sections 376, 448, 506(i) I.P.C and Section 67 of IT Act and Section 4 of TNPHW Act, in Crime No.10 of 2025 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the accused had trespassed into the house of the defacto complainant and committed rape and made criminal intimidation and also threatened her through digital devices, hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would further submit that the petitioner is in custody from 11.04.2025, hence he seeks bail.

4. The learned Additional Public Prosecutor would submit that the accused had trespassed into the house of the defacto complainant and committed rape and made criminal intimidation and also threatened her through digital devices, hence he objected to grant bail to the petitioner. He would also submit the statement of the victim has been recorded and medical examinations have already been completed.

5. Taking into consideration the facts and circumstances of the case and that the statement of the victim is recorded, by this time, the investigation might have 2/5

been completed and also taking into consideration the period of incarceration this court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate No.III, Thoothukudi and on further conditions that :- [a] 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 abscond either during investigation or trial. [d] the petitioner shall not tamper with evidence or witness 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 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]. 3/5

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

sd/- 21/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

CP/LS TO

1. THE JUDICIAL MAGISTRATE NO.III, THOOTHUKUDI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3. THE OFFICER IN CHARGE, SUB JAIL, PEROORANI, THOOTHUKUDI DISTRICT.

4. THE INSPECTOR OF POLICE, PUTHUKOTTAI AWPS, THOOTHUKUDI.

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

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ORDER IN CRL OP(MD) No.8943 of 2025 Date :21/05/2025 PR/23.05 .2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5