Boomi v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Boomi, S/o.Irulan, : Petitioner/Sole Accused Vs The State of Tamilnadu rep.by The Inspector of Police, All Women Police Station, Thiruchuli, Virudhunagar District.

(Crime No.170 of 2025) : Respondent/Complainant For Petitioner : Mr.S.Rajesh Kanna, 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.170 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 custody on 09.07.2025 for the offences punishable under Sections 329(4), 64(2), 62, 115

(2) and 351(2) of BNS 2023, in Crime No.170 of 2025 on the file of the respondent police, seeks bail.

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2.The case of the prosecution is that on 07.07.2025 at about 09.00 pm, the petitioner trespassed into the defacto complainant's house with an intention to sexually misbehave with her and compelled her for physical relationship. When the defacto complainant refused the same, the petitioner assaulted her and caused injuries and also threatened her with dire consequences. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Due to previous enmity, the petitioner has been falsely implicated in this case. He further submitted that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. The petitioner is in custody from 09.07.2025 and hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) submitted that the defacto complainant is a married woman and is having two children. The petitioner trespassed into the defacto complainant's house with an intention to sexually misbehave with her and compelled her for physical relationship. When the defacto complainant refused the same, the petitioner assaulted her and caused injuries and also threatened her with dire consequences. He further submitted that the injured has been discharged from the hospital and the statement under Section 183 BNSS (164 of Cr.P.C) from the defacto complainant has been recorded and the investigation is 2/5

pending. Hence, he opposed to grant bail.

5.Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the injured person has been discharged from the hospital and that the date of occurrence is 07.07.2025, by this time most of the investigation might have been completed and also considering the fact that the statement under Section 183 BNSS (164 of Cr.P.C) from the defacto complainant has been recorded and the petitioner/Accused is in judicial custody from 09.07.2025, 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. Thiruchuli, Virudhunagar 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, Thiruchuli, Virudhunagar District. If the petitioner 3/5

changes his residential address, he shall report the same to the learned Judicial Magistrate, Thiruchuli, Virudhunagar District; [c] the petitioner shall stay at Trichy and sign before the Cantonment Police Station, Trichy 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 Section 269 BNS.

sd/- 18/08/2025 / TRUE COPY / 18/08/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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das TO 1 The Judicial Magistrate, Thiruchuli, Virudhunagar District. 2 Do Through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

3 The Officer Incharge, Sub Jail, Aruppukkottai. 4 The Inspector of Police, All Women Police Station, Thriuchuli, Virudhunagar District.

5 The Inspector of Police, Cantonment Police Station, Trichy. 6 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.RAJESH KANNA, Advocate ( SR-8893[I] dated 18/08/2025 )

ORDER

IN CRL OP(MD) No.13666 of 2025 Date :18/08/2025 NBF/SAR- /18/08/2025/ 5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5