High Court · 2025

Crl.O.P.No.18100 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.08.2025CORAMTHE HONOURABLE MR JUSTICE M.NIRMAL KUMARCrl.O.P.No.18100 of 2025 Raman ... PetitionerVsThe State rep. byThe Sub-Inspector of Police,All Women Police Station,Vandavasi, Thiruvannamalai District.... RespondentPrayer: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on bail in Crime No.27 of 2025 on the file of the respondent police.For petitioner:Mr.B.GaneshamoorthyFor Respondent : Mr.R.VinothrajaGovernment Advocate (Crl. Side)ORDERRead this in conjunction with and in continuation of earlier proceedings in Crl.O.P.No.18100 of 2025 made in the previous listing on 16.07.2025, which read as follows:Page No.1 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18100 of 2025“The petitioner, who was arrested and remanded to judicial custody on 03.06.2025 in connection with Crime No.27 of 2025 registered for the offences punishable under Sections 69 & 351(3) of BNS, seeks bail.

2.The case of the prosecution is that the petitioner, on the false promise of marriage, had a love affair with the victim and was in a physical relationship with her. However, he married another girl as per his family's wish and continued his relationship with the victim. Thereafter, when the victim became pregnant, the petitioner forced her to abort the child and threatened her with dire consequences. Hence the case.

3.The contention of the learned counsel appearing for the petitioner is that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the relationship between the petitioner and the victim was consensual and if the petitioner is enlarged on interim bail, the issue can be sorted out. He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail.

4.Learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecution case and opposed for granting bail to the Page No.2 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18100 of 2025petitioner. He further submitted that the victim is refusing to abort the fetus and willing to live with the petitioner.

5.Heard both sides and perused the materials available on record.

6.It is seen from the submissions made by the learned counsel appearing on either side that suppressing his relationship with the victim, the petitioner had married another girl and threatened the victim to abort her pregnancy. However, the victim refused to abort and her only plea is that the petitioner must accept their relationship and the child should not be made to suffer.

7.Considering the above facts and circumstances of the case and taking note of the fact that the only question pertains to the status of the unborn child, this Court is inclined to grant interim bail to the petitioner with certain conditions.

8.Accordingly, the petitioner is ordered to be released on interim bail till 18.08.2025 on his 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, Vandavasi, and on further conditions that:[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Page No.3 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18100 of 2025Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders;[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required;[d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

9.The petitioner is directed to appear before this Court on 04.08.2025 and the learned Government Advocate (Criminal Side), through the respondent Police, Page No.4 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18100 of 2025shall ensure the presence of the de facto complainant.

10.Post the matter on 04.08.2025 at 2.30 p.m.(Chamber).”2.Pursuant to the same, the petitioner Raman and the victim Jayalakshmi along with her mother present before this Court today. The victim Jayalakshmi produced the Mother and Child Protection Card for registration of her pregnancy with Primary Health Centre, Irumbedu, Vandavasi Taluk, in which she registered her name as daughter of Sakthivel since on the date of registration, the petitioner was in Jail in connection with the above case.

3.Today, both the petitioner Raman and the victim Jayalakshmi had interaction. The petitioner admitted that he is the reason for the victim’s pregnancy and he would given his identity proof so that his name can be registered as father of the baby in the Mother and Child Protection Card. Both the petitioner and the victim agreed to amicably resolve the issue between them. The victim is a Major, she had conscious relationship with the petitioner and she was aware that the petitioner is already married Page No.5 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18100 of 2025having a child. Further, the victim appears to be firm to continue her relationship with the petitioner. The petitioner undertakes to take care of the victim and the baby.

4.In view of the above, this Court is inclined to grant regular bail to the petitioner on the same conditions as per the order dated 16.07.2025 and on further conditions that:[a] the petitioner shall report before the respondent police for a period of two weeks and thereafter as and when required;[b] the petitioner shall not directly or indirectly cause any threat to the de-facto complainant and witnesses;[c] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or during custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions Page No.6 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18100 of 2025have 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)13 SCC 283];[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 04.08.2025cseNote :1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.Page No.7 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18100 of 2025M.NIRMAL KUMAR, J.cseTo:1.The Sub-Inspector of Police, All Women Police Station, Vandavasi, Thiruvannamalai District.

2.The Judicial Magistrate, Vandavasi.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court Madras.Crl.O.P.No.18100 of 2025 04.08.2025Page No.8 of 8

Crl.O.P.No.18100 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.08.2025CORAMTHE HONOURABLE MR JUSTICE M.NIRMAL KUMARCrl.O.P.No.18100 of 2025 Raman ... PetitionerVsThe State rep. byThe Sub-Inspector of Police,All Women Police Station,Vandavasi, Thiruvannamalai District.... RespondentPrayer: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on bail in Crime No.27 of 2025 on the file of the respondent police.For petitioner:Mr.B.GaneshamoorthyFor Respondent : Mr.R.VinothrajaGovernment Advocate (Crl. Side)ORDERRead this in conjunction with and in continuation of earlier proceedings in Crl.O.P.No.18100 of 2025 made in the previous listing on 16.07.2025, which read as follows:Page No.1 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18100 of 2025“The petitioner, who was arrested and remanded to judicial custody on 03.06.2025 in connection with Crime No.27 of 2025 registered for the offences punishable under Sections 69 & 351(3) of BNS, seeks bail.

2.The case of the prosecution is that the petitioner, on the false promise of marriage, had a love affair with the victim and was in a physical relationship with her. However, he married another girl as per his family's wish and continued his relationship with the victim. Thereafter, when the victim became pregnant, the petitioner forced her to abort the child and threatened her with dire consequences. Hence the case.

3.The contention of the learned counsel appearing for the petitioner is that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the relationship between the petitioner and the victim was consensual and if the petitioner is enlarged on interim bail, the issue can be sorted out. He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail.

4.Learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecution case and opposed for granting bail to the Page No.2 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18100 of 2025petitioner. He further submitted that the victim is refusing to abort the fetus and willing to live with the petitioner.

5.Heard both sides and perused the materials available on record.

6.It is seen from the submissions made by the learned counsel appearing on either side that suppressing his relationship with the victim, the petitioner had married another girl and threatened the victim to abort her pregnancy. However, the victim refused to abort and her only plea is that the petitioner must accept their relationship and the child should not be made to suffer.

7.Considering the above facts and circumstances of the case and taking note of the fact that the only question pertains to the status of the unborn child, this Court is inclined to grant interim bail to the petitioner with certain conditions.

8.Accordingly, the petitioner is ordered to be released on interim bail till 18.08.2025 on his 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, Vandavasi, and on further conditions that:[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Page No.3 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18100 of 2025Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders;[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required;[d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

9.The petitioner is directed to appear before this Court on 04.08.2025 and the learned Government Advocate (Criminal Side), through the respondent Police, Page No.4 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18100 of 2025shall ensure the presence of the de facto complainant.

10.Post the matter on 04.08.2025 at 2.30 p.m.(Chamber).”2.Pursuant to the same, the petitioner Raman and the victim Jayalakshmi along with her mother present before this Court today. The victim Jayalakshmi produced the Mother and Child Protection Card for registration of her pregnancy with Primary Health Centre, Irumbedu, Vandavasi Taluk, in which she registered her name as daughter of Sakthivel since on the date of registration, the petitioner was in Jail in connection with the above case.

3.Today, both the petitioner Raman and the victim Jayalakshmi had interaction. The petitioner admitted that he is the reason for the victim’s pregnancy and he would given his identity proof so that his name can be registered as father of the baby in the Mother and Child Protection Card. Both the petitioner and the victim agreed to amicably resolve the issue between them. The victim is a Major, she had conscious relationship with the petitioner and she was aware that the petitioner is already married Page No.5 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18100 of 2025having a child. Further, the victim appears to be firm to continue her relationship with the petitioner. The petitioner undertakes to take care of the victim and the baby.

4.In view of the above, this Court is inclined to grant regular bail to the petitioner on the same conditions as per the order dated 16.07.2025 and on further conditions that:[a] the petitioner shall report before the respondent police for a period of two weeks and thereafter as and when required;[b] the petitioner shall not directly or indirectly cause any threat to the de-facto complainant and witnesses;[c] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or during custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions Page No.6 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18100 of 2025have 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)13 SCC 283];[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 04.08.2025cseNote :1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.Page No.7 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18100 of 2025M.NIRMAL KUMAR, J.cseTo:1.The Sub-Inspector of Police, All Women Police Station, Vandavasi, Thiruvannamalai District.

2.The Judicial Magistrate, Vandavasi.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court Madras.Crl.O.P.No.18100 of 2025 04.08.2025Page No.8 of 8