← Library
Madras High CourtCRL OP(MD)/14918/2025granted

V. Tamilselvan v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

2025-09-10Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY V.Tamilselvan, S/o.Velu, ... Petitioner/ Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, All Women Police Station, Lalgudi, Trichy District.

(Crime No.27 of 2024) ... Respondent/Complainant For Petitioner : M/s.N.Ananda Kumar For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.27 of 2024 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 17.08.2025 for the offences punishable under Sections 318(2), 64 of BNS Act in Crime 1/6

No.27 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto-complainant and this petitioner having love affair for the past five years. On 03.08.2024, this petitioner entered into the house of the defacto-complainant, on the pretext of marriage, he convinced the defacto-complainant and having sexual intercourse with her. Thereafter, this petitioner having sexual relationship with the defacto-complainant on several occasions. This petitioner failed to marry her. Hence, the complaint.

3. The learned counsel for the petitioner would submit that this 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 any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 17.08.2025, nearly 24 days. Hence, he seeks bail.

4. The learned Additional Public Prosecutor would submit that this petitioner and the defacto-complainant have love affair for the past five years. On the pretext of marriage, this petitioner having sexual intercourse with the defacto-complainant 2/6

on several occasions and this petitioner failed to marry her. In this case, investigation is still pending, there is no previous case against the petitioner. If the petitioner is released on bail, he may threaten the witnesses and tamper the evidences. Hence, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that it is the case of love affair, the occurrence was happened on 03.08.2024, the petitioner was arrested and remanded into judicial custody on 17.08.2025, at this time most of the investigation might have been completed and also considering 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, Lalgudi 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. 3/6

[b] The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Lalgudi [c] If the petitioner changes his residential address, she shall report the same to the learned Judicial Magistrate, Lalgudi [d] the petitioner shall report before the respondent police weekly once i.e., on every Monday at 10.30 a.m., until further orders. [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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. 4/6

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

sd/- 10/09/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO 1 The Judicial Magistrate, Lalgudi.

2 Do Through The Chief Judicial Magistrate, Trichy District.

3 The Superintendent, Central Prison, Trichy 4 The Inspector of Police, All Women Police Station, Lalgudi, Trichy District.

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

5/6

+1 CC to M/s.N.ANANDAKUMAR, Advocate ( SR-9896[I] dated 10/09/2025 )

ORDER

IN CRL OP(MD) No.14918 of 2025 Date :10/09/2025 NM/10.09.2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6