Athithiya v. State Of Tamilnadu Rep By Inspector Of Police, Thoothukudi North

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.12.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Athithiya ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By,The Inspector of Police, North Police Station, Thoothukudi District.

(Crime No.670 of 2025) ... Respondent/Complainant For Petitioner : Mr.K.Jerish Neeraj Advocate.

For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.670 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 28.11.2025 for the offences punishable under Sections 77, 78, 351(3) of BNS and 4 of TNPHW Act, in Crime No.670 of 2025 on the file of the respondent police. seeks bail.

2. The case of the prosecution is that the petitioner had threatened the defacto complainant that he will publish her photos in social media. 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 ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 28.11.2025. Hence, he seeks bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that there are no previous cases pending against the petitioner and the 2/6

investigation is still pending. Hence, 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 for a like sum to the satisfaction of the learned Judicial Magistrate No.3, Thoothukudi, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall surrender his mobile phone to the respondent police and report before the respondent police daily at 10.30 a.m., until further orders.

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

[d] the petitioner shall not tamper with evidence or witness 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 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.

(S S Y J) 19.12.2025 msrm 4/6

To

1. The learned Judicial Magistrate No.3, Thoothukudi.

2. The Superintendent, District Jail, Perurani, Thoothukudi.

3. The Inspector of Police, North Police Station, Thoothukudi District.

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

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S.SRIMATHY,J.

msrm

ORDER

IN CRL OP(MD) No.23702 of 2025 Date : 19.12.2025 6/6