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Madras High CourtCRL OP(MD)/9442/2025granted

Senthil Mallar v. The State Of Tamilnadu Rep By

2025-06-06Honourable Dr Justice R.N.Manjula4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/06/2025 PRESENT THE HONOURABLE MS. JUSTICE R.N.MANJULA Senthil Mallar ... Petitioner/Accused Vs The State of Tamilnadu Rep by, the Inspector of Police, Kalugumalai Police Station, Thoothukudi District.

(Crime No. 102 of 2025). ... Respondent/Complainant For Petitioner : Mr. P. Jeyasankar.

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. 102 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 27.03.2025 for the offences under sections 329(4), 296(b), 332(c), 64, 62 & 351(3) of 1/4

BNS and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.102 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the on 26.03.2025, at about 11.30 p.m., the petitioner trespassed into the house of the victim and attempted to commit rape and caused criminal intimidation against the victim. 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 27.03.2025. He would further submit that this is the second bail application and one of the previous cases pending against the petitioner under Goondas Act was revoked on 26.05.2025. He would further submit that he is ready to abide by any conditions that may be imposed by this Court. Hence, he seeks bail.

4. The learned Government Advocate (Crl.Side) would submit that the petitioner has 14 previous cases and if bail is granted to the petitioner, he may threaten the defacto complainant and other witnesses. Hence, he opposed to grant bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and also the change of circumstances and also taking into consideration the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the 2/4

certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate-I, Kovilpatti, 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;

[c] the petitioner shall report before the respondent police daily twice at 10.30 a.m., and 5.00 p.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 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 3/4

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

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

APD TO

1. THE JUDICIAL MAGISTRATE-I, KOVILPATTI, THOOTHUKUDI.

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

3. THE OFFICER-IN-CHARGE, DISTRICT JAIL, THOOTHUKUDI.

4. HE INSPECTOR OF POLICE, KALUGUMALAI POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.9442 of 2025 Date :06/06/2025 PR/10.06 .2025 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4