Sathishkumar v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Sathishkumar, S/o.Raj, .. Petitioner/Sole Accused Vs The State of Tamilnadu rep.by The Inspector of Police, All Women Police Station, Tenkasi District.

(Crime No.20 of 2025) .. Respondent/Complainant For Petitioner : Mr.M.Raja Ravi Varma 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.20 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner /Sole Accused, who was arrested and remanded to judicial 1/6

custody on 05.07.2025 for the offences punishable under Sections 318(ii), 69 of BNS in Crime No.20 of 2025 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner by giving false promise that he will marry the defacto complainant, had sexual intercourse with her and thereafter, he refused to marry her. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the defacto complainant, aged about 24 years, has lodged a false complaint against the petitioner with the intention of preventing his marriage. The petitioner took the defacto complainant to Courtallam with her consent. The petitioner is ready and willing to abide any conditions that may be imposed by this Court and he is in custody from 05.07.2025 nearly 19 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the petitioner and the defacto complainant are relatives and residing in same village. The petitioner by giving false promise that he will marry the defacto complainant, 2/6

had sexual intercourse with her on several occasions. Subsequently, the petitioner invited her to his wedding, and only then she realized that he had deceived her. She informed her parents as well as the petitioner's parents about the matter. Thereafter, the petitioner's parents threatened the defacto complainant with dire consequences.

5. Taking into consideration of the facts and circumstances of the case and taking note of the fact that it is a case of love affair, both are relatives and the petitioner is aged about 27 years and the defacto complainant is aged about 24 years and also considering the fact that the petitioner/Accused is in judicial custody from 05.07.2025, taking into consideration of the period of incarceration, 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 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, Sankarankovil, Tenkasi District 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.

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[b] The petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate, Sankarankovil, Tenkasi District. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Sankarankovil, Tenkasi District;

[c] the petitioner shall stay at Madurai and sign before the Vilakkuthoon Police Station daily twice at 10.00 a.m., and 05.00 pm., 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 4/6

Section 269 BNS.

sd/- 24/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 1.The Judicial Magistrate, Sankarankovil, Tenkasi District.

2. Do Through The Chief Judicial Magistrate, Tenkasi District.

3.The Superintendent, Central Prison, Palayamkottai, Tirunelveli.

4.The Inspector of Police, All Women Police Station, Tenkasi District.

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

Copy To The Inspector of Police, Vilakkuthoon Police Station, Madurai.

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ORDER

IN CRL OP(MD) No.12508 of 2025 Date :24/07/2025 HPS/24.07.2025 /6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6