Dinesh v. State Of Tamilnadu Rep By Inspector Of Police, Theppakulam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27-11-2025
CORAM
THE HONOURABLE MRS JUSTICE S.SRIMATHY Dinesh Petitioner(s) Vs The State of Tamilnadu, Rep. by The Inspector of Police, Theppakkulam Police Station, Madurai District. (Crime No. 669 of 2025) Respondent(s) For Petitioner(s):
Mr.M.P. Roniga For Respondent(s):
Mr.S.S.Manoj, Government Advocate (crl. Side) Prayer: C-33AB. For Anticipatory Bail in Crime No. 669 of 2025 on the file of the Respondent Police.
ORDER
The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 351(3) of BNS Act and Sections 11(1), 12 of Protection of child from sexual offences Act, in Crime No.669 of 2025 on the file of the respondent police, seeks anticipatory bail.
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2. The case of the prosecution is that the petitioner and other accused persons followed the defacto complainant and threatened her and chased her with a knife. Hence, a case has been registered against the petitioner.
3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case. He seeks this Court to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the offence committed by the petitioner is serious in nature.
5. Considering the facts of the case as per order of this Court, the petitioner has filed an undertaking affidavit, where he has stated as under:
"3. I respectfully submit that I understand the allegations made against me. To show my good faith and my willingness to follow any conditions imposed by this 2/7
Court. I give this solemn undertaking.
4. I hereby solemnly undertake that:
(i) I will not, under any circumstances, go to the residence of the defacto complainant.
(ii) I will never go to her school. College, bus stand, or any other place where she may be present.
(iii) I further undertake that I will not attempt to contact, meet, communicate, or approach the defacto complainant in any manner whatsoever, either directly or indirectly. (iv) I shall strictly abide by any further conditions imposed by this Court.
5. I state that I am giving this undertaking voluntarily, without ay coercion, and I shall strictly compy with the same. Any violation shall entitle the Respondent or the defacto complainant to take appropriate action as per law. "
In view of the above undertaking, this Court is also inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner shall execute 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 3/7
Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, Madurai, within a period of fifteen days from the date on which the order copy made ready 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 not intimidate the victim, namely; street, school, college, house or any other public places.
[c]the petitioner shall appear before the respondent police as and when required for interrogation. [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial. [e] the petitioner shall not abscond 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 4/7
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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
27-11-2025 KSA 5/7
To
1. The Inspector of Police, Theppakkulam Police Station, Madurai District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY, J, KSA Order made in 27.11.2025 7/7