Sathish v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI and CRL MP(MD). No.7361 of 2025 Sathish, S/o.Rajasekar ... Petitioner/A1 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, All Women Police Station - Palayamkottai, Tirunelveli District.

(Crime No.8 of 2025) ... Respondent/Complainant For Petitioner : Mr.Prabu.M., Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) 1/5

For Intervenor :

Mr.Muthuram.R, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.8 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 318(1), 69, 316(1), 296(b) and 351(2) of BNS, 2023 in Crime No.8 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the 1st accused was in a love affair with the de-facto complainant for the past three years and had promised to marry her. However, due to the inducement of his family members, the 1st accused, later, refused to marry the de-facto complainant, citing their blood relationship as a reason, claiming that they were related as brother and sister. Consequently, the 1st accused refused to marry the de-facto complainant and the other accused allegedly prevented the 1st accused from marrying her, thereby deceiving her. Hence, the present case.

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3. The learned counsel for the petitioner submitted that this is the second anticipatory bail application filed before this Court. The petitioner is an innocent person and has not committed any offence as alleged by the prosecution. A false case has been foisted against the petitioner. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned counsel appearing for the intervenor submitted that on the false promise of marriage, the petitioner had sexual intercourse with the de-facto complainant on several occasions and also video recorded the same on his mobile phone without her knowledge, and has not produced the mobile phone for further investigation. He further submitted that the petitioner has been continuously threatening the de-facto complainant to withdraw the complaint. Since the petitioner recorded the de-facto complainant in an obscene manner and is using those videos and photographs to threaten her, custodial interrogation of the petitioner is very much necessary in this case. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

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5. The learned Government Advocate (Criminal Side) submitted that the petitioner has been arrayed as A1 in this case. A2 to A4 have been granted anticipatory bail by this Court on 26.03.2025 in Crl.O.P.(MD)No.3017 of 2025. He further submitted that the mobile phone has not yet been recovered. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, and considering the strong objection raised by the learned counsel for the intervenor as well as the learned Government Advocate (Criminal Side), and also considering the gravity of the offences allegedly committed by the petitioner, and taking note of the fact that the matter is still pending for investigation, and that the mobile phone has not yet been recovered, this Court is not inclined to grant anticipatory bail to the petitioner at this stage.

7. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected Criminal Miscellaneous Petition is closed. sd/- 23/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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mkn TO 1.The Inspector of Police, All Women Police Station - Palayamkottai, Tirunelveli District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC M/S.R.MUTHURAM SR.6762 DATE 25/06/2025

ORDER

IN CRL OP(MD) No.9790 of 2025 Date :23/06/2025 PSN/14.07.2025 5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5