Muthukumar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Muthukumar, S/o.Thanakoodi, ..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, All Women Police Station, Thiruverumbur, Trichy District.
(Crime No.20 of 2025) .. Respondent/Complainant For Petitioner : Mr.M.Suresh Advocate.
For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) For Intervener : Mr.R.Venkatesan PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.20 of 2025 on the file of the Respondent Police. 1/6
ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 29.04.2025 for the offences punishable under Sections 406 and 420 of IPC altered into Section 75(1)(i) and 351(2) of BNS and Section 67 of IT Act r/w.Section 4 of TNPHW Act in Crime No.20 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the accused and the defacto-complainant are known persons. The accused and his wife went to the house of the defactocomplainant and gave a milk shake mixed with some substance causes drowsiness to the defacto-complainant and after consume it she become unconscious and the accused took photos that the petitioner is lying with the defacto-complainant. By showing those photographs to the defacto-complainant and threatened her that he has to upload the photos in the social media and asked the defacto-complainant to have physical relationship with him. Hence, the case.
3. The learned counsel for the petitioner would submit that a false complaint has been lodged against this petitioner. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide and conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 29.04.2025 nearly 42 days. Hence, he seeks bail.
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4. The learned Government Advocate (Criminal Side) would submit that the petitioner gave a milk shake mixed with some substance causes drowsiness to the defacto-complainant and after consume it she become unconscious and the accused took photos and by showing those photographs to the defacto-complainant and threatened her that he has to upload the photos in the social media and asked the defacto-complainant to have physical relationship with him. Already similar kind of offence is lodged against this petitioner in S.C.No.102 of 2017 on the file of Mahila Court, Trichy and the same was ended in acquittal on 12.10.2021. In this case, investigation is still pending. Hence, he strongly objected to grant bail to the petitioner.
5. The learned Counsel appearing for the intervener would submit that already similar kind of offence is lodged against this petitioner in S.C.No.102 of 2017, on the file of Mahila Court, Trichy and the same was ended in acquittal on 12.10.2021. The offences are very serious in nature and he strongly objected to grant bail to the petitioner.
6. Taking into consideration of the facts and circumstances of the case and also 3/6
taking note of the fact that in this case, FIR was registered on 29.04.2025, by this time, the investigation might have been completed, the petitioner/accused remanded into judicial custody on 29.04.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:
7. Accordingly, the petitioner is ordered to be released on bail on 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 Judicial Magistrate, Additional Mahila Court, Trichy 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 contact number to the Judicial Magistrate, Additional Mahila Court, Trichy. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate, Additional Mahila Court, Trichy;
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[c] the petitioner shall appear and sign before the respondent police daily twice at 10.30 a.m. and 05.30.,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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 17/06/2025 / TRUE COPY / 17/06/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
GVN 5/6
TO 1 THE JUDICIAL MAGISTRATE ADDITIONAL MAHILA COURT, TRICHY.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI.
3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUVERUMBUR, TRICHY DISTRICT.
4 THE SUPERINTENDENT CENTRAL PRISON, TRICHY.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.9880 of 2025 Date :17/06/2025 SS/SAR- /17/06/2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6