Mega Ajish v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Mega Ajish ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, All Women Police Station, Alankulam, Tenkasi District.

(Crime No.36 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Palanivelayutham For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.36 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 1/4

26.08.2025 for the offences punishable under Sections 294(b), 376, 417 and 506(1) of IPC, in Crime No.36 of 2025 on the file of the respondent police, seeks bail.

2. The prosecution's case is that the petitioner committed penetrative sexual assault on the defacto complainant under the promise of marriage, as a result of which she is now six months pregnant. When she later asked him to marry her, he refused and stated that he would not marry her. 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 26.08.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner and the defacto complainant were in a relationship and the petitioner committed penetrative sexual assault, as a result of which the defacto complainant is now six months pregnant. Therefore, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case 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 2/4

for a like sum to the satisfaction of the learned Judicial Magistrate, Tenkasi, Tenkasi District, and on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation. He has to co-operate for the investigation. [c] the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] 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 is 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]. 3/4

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

sd/- 15/09/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

jbr To

1. The Judicial Magistrate, Tenkasi, Tenkasi District.

2. Do through the Chief Judicial Magistrate, Tenkasi District.

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

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

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

ORDER

IN CRL OP(MD) No.15266 of 2025 Date :15/09/2025 PS/SAR.15.09.2025 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4