Jegan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI
1. Jegan
2. Pauldurai ... Petitioners/Accused Vs The State of Tamilnadu, Rep. by the Inspector of Police, All Women Police Station-Pudukkottai, Thoothukudi District.
Crime No.10 of 2025.
... Respondent/Complainant For Petitioners : Mr. 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 Cr.No.10 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused, who were arrested and remanded to judicial custody on 12.04.2025 for the offences under sections 376, 448, 506(i) of IPC and Section 67 of 1/5
IT Act @ Sections 376, 448, 506(i) of 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, seek bail.
2. The case of the prosecution is that on 28.05.2024 at about 10.00 pm, the first accused trespassed into the defacto complainant's house and committed rape on her and also made criminal intimidation against the victim. Subsequently, he share the video to petitioners herein and other accused and threatened the victim through digital devices and caused harassment. Hence, the case.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case. He further submitted that the co-accused has already been released on bail by this Court vide order, 02.06.2025 in Crl.O.P(MD).No.9155 of 2025. Hence, he seeks bail.
4. The learned Government Advocate (Crl.side) would submit that 164 statement of the victim has already been recorded and the victim has stated that the accused persons grabbed a sum of Rs.50,000/- from her by showing obscene videos. He further submitted that the offence committed by the petitioners is serious in nature and hence, he strongly opposed to grant bail to the petitioners.
5. Taking into consideration the facts and circumstances of the case and also the fact that co-accused has already been released on bail by this Court and also taking 2/5
note of the fact that the petitioners have been arrested on 12.04.2025, at this time, the investigation might have been completed, this court is inclined to grant bail to the petitioners, subject to the certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) each 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 petitioners shall submit their residential address and contact number before the learned Judicial Magistrate No.III, Thoothukudi. If the petitioners change their residence they shall inform the same to the said Magistrate without fail. [c] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;
[d] the petitioners shall not abscond either during investigation or trial; [e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 09/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE JUDICIAL MAGISTRATE NO.III THOOTHUKUDI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3 THE OFFICER INCHARGE, DISTRICT JAIL, PERURANI.
4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION-PUDUKKOTTAI, THOOTHUKUDI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4/5
ORDER IN CRL OP(MD) No.9424 of 2025 Date :09/06/2025 SA/SAR. /09.06.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5