Christopher v. State Of Tamilnadu Rep By Inspector Of Police, Thoothukudi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Christopher ... Petitioner/2nd Accused Vs State of Tamilnadu, Rep. by the Inspector of Police, Thoothukudi, AWPS Pudukottai, Thoothukudi District.
Crime No. 10 of 2025.
... Respondent/Complainant For Petitioner : R.Mathava Selvam, Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 10 of 2025 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner / 2nd accused who was arrested and remanded to judicial custody on 11.04.2025 for the offences under sections 376, 448, 506(i) IPC and Section 67 of IT 1/5
Act @ sections 376, 448, 506(i) IPC 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 defacto complainant's house 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. He would further submit that the one of the co-accused/A7 was already granted bail by this Court in Crl.O.P.(MD) No.8943 of 2025 dated 21.05.2025. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) 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 further submit that the 164 Cr.P.C. statement of the victim has been recorded and the victim has stated that the accused grabbed a sum of Rs. 50,000 from the victim by showing obscene videos.
5. Taking into consideration the facts and circumstances of the case and also taking into consideration the period of incarceration that the petitioner has been in custody for the past 50 days and considering the fact that most of the investigation 2/5
might have been completed and one of the co-accused/A7 was already granted bail by this Court, 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 her 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 furnish his residential address and mobile number to the learned Judicial Magistrate, No.III, Thoothukudi. If the petitioner changes his residential address, he shall report the same to the concerned court. [c] the petitioner shall report before the Inspector of Police daily at 10.30 a.m., until further orders.
[d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial 3/5
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.
sd/- 02/06/2025 / TRUE COPY / 02/06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
MAC TO 1 THE JUDICIAL MAGISTRATE NO.III THOOTHUKUDI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3 THE OFFICER INCHARGE, SUB JAIL, PEROORANI, THOOTHUKUDI DISTRICT.
4 THE INSPECTOR OF POLICE, THOOTHUKUDI, AWPS PUDUKOTTAI, THOOTHUKUDI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4/5
ORDER
IN CRL OP(MD) No.9155 of 2025 Date :02/06/2025 SA/SAR. /02.06.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5