Bharani v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/12/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Bharani ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Vallam Police Station, Thanjavur District.

Crime No.639 of 2025. ... Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.639 of 2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 26.11.2025 for the offences punishable under Sections 126(2), 296(b), 76, 351(2) of BNS, in Crime No.639 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and the defacto complainant are studying in the same college, and that the petitioner had a one-sided love affair with the defacto complainant. While so, on 26.11.2025, when the defacto complainant was proceeding to the college, the petitioner abused her, pulled her shawl, and threatened her with dire consequences. 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 26.11.2025. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that the petitioner, having a one-sided love affair with the de facto complainant, abused her, pulled her shawl, and threatened her with dire consequences while she was proceeding to college. Therefore, he opposed for grant of bail to the petitioner.

5. Considering the age of the petitioner, considering the nature of the 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) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Thanjavur, 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. 3/6

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. The petitioner shall not intimidate the victim or her family and shall not visit the street of the victim. As far as the college is concerned, the petitioner shall not visit the victim's section in the college.

[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].

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

(S S Y J) 17.12.2025 jbr TO

1. The Judicial Magistrate No.II, Thanjavur.

2. The Superintendent, Central Prison, Trichy.

3. The Inspector of Police, Vallam Police Station, Thanjavur District.

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

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S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) No.23282 of 2025 Date : 17/12/2025 6/6