Parthiban v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Parthiban, S/o.Late.Mohan, ..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, All Women Police Station, Oddanchatram, Dindigul District.
(Crime No.39 of 2024) .. Respondent/Complainant For Petitioner : Mr.S.Sathyachidambaram 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.39 of 2024 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody 1/5
on 27.07.2025 for the offences punishable under Sections 85, 82, 131, 296, 115(2) of BNS 2023 and 67(A) of Information Technology Act, 2000 in Crime No.39 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that this petitioner is the husband of the defactocomplainant. Accused Nos.2 to 9 are the close relatives of Accused No.1. On 30.08.2024, marriage was solemnized between the petitioner and the defactocomplainant. At that time, 20 sovereigns of gold jewels, house hold articles were given as Sreedhanas. After one week of marriage the defacto-complainant came to know that from the petitioner's mobile phone, he was talking with several ladies sexually and chat obscene messages and videos and further she knows that this petitioner already married one Priyadharshini. By suppressed the entire facts, the family members of the first accused solemnized marriage between them. Hence, the case.
3. The learned counsel for the petitioner would submit that it is the case of family dispute, the defacto-complainant lodged a false complaint against this petitioner. This petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. This petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 27.07.2025, nearly 23 days. Hence, he seeks bail. 2/5
4. The learned Government Advocate (Criminal Side) would submit that there are totally ten accused persons, this petitioner was arrayed as A1. This petitioner had contact with several ladies and he sexually chat and shared obscene photos and videos. By suppressed the entire facts, this petitioner married the defactocomplainant. In this case, cellphone was recovered by the respondent police. In this case, A2 to A9 are released on station bail. A10 was enlarged on anticipatory bail by the learned Principal Sessions Judge, Dindigul in Crl.M.P.No.34 of 2025 dated 05.06.2025. There is no previous case against this petitioner. However, he objected to grant bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, cell phone was recovered by the respondent police, by this time most of the investigation might have been completed, A2 to A9 are released on station bail. A10 was enlarged on anticipatory bail by the learned Principal Sessions Judge, Dindigul in Crl.M.P.No.34 of 2025 dated 05.06.2025, there is no previous case against this petitioner, the petitioner/Accused is in judicial custody from 27.07.2025, 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 3/5
sureties, each for a like sum to the satisfaction of learned Judicial Magistrate, Oddanchatram, Dindigul 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.
[b] The petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate, Oddanchatram, Dindigul District. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Oddanchatram, Dindigul District ; [c] the petitioner shall appear and sign before the respondent police daily at 10.00.a.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]. 4/5
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 19/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
gvn TO 1 The Judicial Magistrate, Oddanchatram, Dindigul District. 2 Do Through the Chief Judicial Magistrate, Dindigul District. 3 The Officer Incharge, District Prison, Dindigul District. 4 The Inspector of Police, All Woman Police Station, Oddanchatram, Dindigul District.
5 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.13537 of 2025 Date :19/08/2025 NBF/SAR- /20/08/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5