M.Lingeshwaran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date :17.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.15463 of 2025 M.Lingeshwaran ... Petitioner/ Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, All Women's Police Station (AWPS), Musiri, Trichy District.

(Crime No.27 of 2025) ... Respondent/Complainant For Petitioner : Mr.A.Mukilan 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 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 08.07.2025 for the offences punishable under Sections 329(4), 63(b), 64(2)(i), 64(2)(k) and 351(2) of BNS, 2023, in Crime No.27 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 07.07.2025, the petitioner entered into the defacto complainant's house and threatening the defacto complainant's daughter and had sexual intercourse with 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 08.07.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that there are no previous cases pending against the petitioner. However, he opposed for grant of bail to the petitioner.

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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 for a like sum to the satisfaction of the learned Judicial Magistrate, Thottiyam, 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 stay at Thoothukudi and appear and sign before the Inspector of Police, Thoothukudi South Police Station, Thoothukudi District, daily at 10.30 a.m., until further orders. [c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

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[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].

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

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To

1. The learned Judicial Magistrate, Thottiyam.

2. The Officer-in-Charge, Sub Jail, Trichy.

3. The Inspector of Police, All Women's Police Station (AWPS), Musiri, Trichy District.

4.The Inspector of Police, Thoothukudi south Police Station, Thoothukudi.

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

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S.SRIMATHY,J.

vsg

ORDER

IN CRL OP(MD) No.15463 of 2025 Date :17.09.2025 6/6