Ivaraja v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Ivaraja ... Petitioner/ Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Nanguneri All Women Police Station, Tirunelveli District.

(Crime No.39 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Vidhya Sagar For Respondent :

Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.39 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 12.08.2025 for the offences punishable under Sections 75(1) & 79 of BNS and Section 4 1/5

of TNPHW Act in Crime No.39 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant and the petitioner are neighbours. On 23.07.2025, while the defacto complainant was grazing her cattle in the village fields, the accused intercepted her and harassed her by making gestures and demanding sexual favours. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 12.08.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that while the defacto complainant was grazing her cattle in the village fields, the accused intercepted her and harassed her by making gestures and demanding sexual favours. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also consideration the period of incarceration suffered by the petitioner, 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Nanguneri, and on 2/5

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 mobile number to the learned Judicial Magistrate, Nanguneri. [c] If the petitioner changes his residential address, she shall report the same to the learned Judicial Magistrate, Nanguneri. [d] the petitioner shall stay at Trichy and appear before the Inspector of police, Trichy Contonment Police Station, Trichy, daily at 10.30 a.m. until further orders. He has to co-operate for the investigation. [e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] 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 3/5

himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 01/09/2025 / TRUE COPY / 01/09/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

jbr TO 1 The Judicial Magistrate, Nanguneri.

2 Do Through the Chief Judicial Magistrate, Tirunelveli District. 3 The Superintendent, Central Prison, Palayamkottai. 4 The Inspector of Police, Nanguneri All Women Police Station, Tirunelveli District. 5 The Inspector of Police, Trichy Cantonment Police Station, Trichy. 6 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.VIDHYA SAGAR, Advocate ( SR-9442[I] dated 01/09/2025 )

ORDER

IN CRL OP(MD) No.14375 of 2025 Date :01/09/2025 4/5

NBF/SAR- /01/09/2025/ 5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5