Pavithran v. State Of Tamilnadu Rep By Inspector Of Police, Koodankulam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.11.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.20569 of 2025 Pavithran ... Petitioner/ Sole Accused Vs The State of Tamilnadu, Rep by, the Inspector of Police, Koodankulam Police Station, Tirunelveli District.

(Crime No.648 of 2025) ... Respondent/Complainant For Petitioner : Mr.J.Suthakar For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER:- For Bail in Crime No.648 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 03.11.2025 for the offences punishable under Sections 329(4), 75(2) and 78(2) of BNS, 2023, in Crime No.648 of 2025 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the petitioner is the neighbour of the defacto complainant. The allegation against the petitioner is that on 27.10.2025, the petitioner had trespassed into the house of the defacto complainant and hidden in the bathroom at 10.30 p.m, and attempted to molest 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 there was a marriage proposal between the victim and the petitioner, however, the said proposal was dropped on the allegation of the petitioner's mental illness. Further, the petitioner is in judicial custody from 03.11.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner is having no previous cases and investigation is almost completed. However, he opposed for grant of bail to the petitioner. 2/4

5. Taking into consideration of the facts and circumstances of the case and the nature of offence 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) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Radhapuram, 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 daily at 10.30 a.m, until further orders; [c] the petitioner shall not enter into the house, college or work place of the victim/defacto complainant;

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S.SRIMATHY,J.

PJL [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 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 BNS.

19.11.2025 PJL To

1. The Judicial Magistrate, Radhapuram.

2. The Superintendent, Central Prison, Palayamkottai.

3. The Inspector of Police, Koodankulam Police Station, Tirunelveli District.

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

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