High Court · 2025

Crl.O.P.No.18992 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 03.07.2025CORAMTHE HONOURABLE MR.JUSTICE M.NIRMAL KUMARCrl.O.P.No.18992 of 2025Boopathi... Petitioner Vs.The State of Tamil Nadu,Rep. By Inspector of Police,AWPS Salem Town Police Station,Salem District.(Crime No.32/2025).... Respondent PRAYER: Criminal Original Petition is filed under Section 483 of BNSS, to enlarge the petitioner on bail in Crime No.32 of 2025 on the file of Inspector of Police, AWPS Salem Town Police Station, Salem District.For Petitioner : Mr.K.Balu for Mr.M.R.ElavarasanFor Respondent : Mr.R.Vinoth Raja, Government Advocate (Crl. Side)Page No.1 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18992 of 2025ORDERThe petitioner arrested and remanded to judicial custody on 19.06.2025, for the offences punishable under Sections 69, 74, 89 & 351(2) of Bharatiya Nyaya Sanhita, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in connection with Crime No.32 of 2025 registered on the file of the respondent, seeks bail.2.The contention of the learned counsel for the petitioner is that the petitioner and defacto complainant were in friendly terms and they became very close and also decided to get married. The petitioner met the defacto complainant in Subham Silks, thereafter they exchanged their Instagram ID and developed relationship and the petitioner was willing to marry her. The petitioner is a business man having many rivals. The petitioner was arrested in a COTPA case in Crime No.278 of 2025 registered by Sevvapet Police, Salem and this Court on 18.06.2025 in Crl.O.P.No.17572 of 2025 granted bail to the petitioner. During the petitioner's confinement in that case, the defacto complainant visited him in the prison with the relationship as wife and she promised that she would take all steps to ensure the petitioner coming out on bail. The petitioner explained how he had been fabricated in Page No.2 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18992 of 2025that case. This being so, suddenly the defacto complainant made a turn around and lodged a complaint on 17.06.2025 as though the petitioner projected him as Pediatric Doctor, made a false promise and committed sexual assault, thereafter he refused to marry her. The sequence of events clearly shows it is a fabricated case with ulterior motive. The lower Court dismissed the bail application as though the petitioner has several cases. He further submits that the petitioner is ready to abide by any condition of this Court, hence prays for bail.3.Learned Government Advocate (Criminal Side) appearing for the respondent Police submits that the petitioner has several criminal cases against him. Even on 03.06.2025, the petitioner was arrested in COTPA case by Sevvapet Police, Salem in Crime No.278 of 2025. He further submits that the petitioner projected himself as Paediatric Doctor obtained Instagram ID from the defacto complainant when she was visiting Subham Silks, thereafter by honey coated words, the petitioner deceived the defacto complainant, called her to home and took her to an isolated by car and committed sexual assault in his car, thereafter, on the promise that he would marry her, he continued sexual assault on her whenever it is convenient for Page No.3 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18992 of 2025him. Due to which, the defacto complainant got conceived, thereafter the petitioner started avoiding her, again joined her and gave some drink mixed with medicine. The defacto complainant consumed the same and got aborted. The petitioner again approached the defacto complainant and had physical relationship promising to marry her. Later, the defacto complainant had an occasion to see the petitioner's mobile and found that the petitioner was having contacts with other women and committed similar offence in the guise of false marriage. Thereafter, the defacto complainant lodged the complaint. Hence, he strongly objected for grant of bail.4.At this stage, learned counsel for the petitioner submitted that the petitioner's mobile phone and other gadgets seized in this case and Instagram account already checked. The case against the petitioner is a civil suit with one Murugan with regard to registration of property and further, the said Murugan filed a Writ Petition before this Court seeking registration of property. This civil case has been blown out of proportion projecting as though the petitioner is a hardened criminal. The petitioner is a respected person doing quarry business in Hosur and other business. Due to some misunderstanding and ill advice of others, a false complaint lodged by the Page No.4 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18992 of 2025defacto complainant. Further, the petitioner even before the trial Court promised that he is willing to marry the defacto complainant even today. In support of his submissions, the petitioner's affidavit attested by the Jailor, Central Prison, Salem produced. Scanned reproduction of the same is as follows:Page No.5 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18992 of 2025Page No.6 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18992 of 2025Page No.7 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18992 of 2025Page No.8 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18992 of 20255.Taking into consideration the period of incarceration and the petitioner is willing to marry the defacto complainant, this Court is inclined to grant bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail 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 Additional Mahila Court, Salem and on further conditions that:[a] the sureties shall affix their photographs and Left Thumb Page No.9 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18992 of 2025Impression in the Application for Surety ship [Judicial Form 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 daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;[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 defacto 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 Page No.10 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18992 of 2025under Section 269 of B.N.S.03.07.2025Speaking Order/Non Speaking OrderIndex : Yes/NoNeutral Citation: Yes/Novv2Note :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.M.NIRMAL KUMAR, J.Page No.11 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18992 of 2025vv2To1.The Additional Mahila Court, Salem.2.The Central Prison, Salem.3.The Inspector of Police, AWPS Salem Town Police Station, Salem District.4.The Public Prosecutor, Madras High Court.Crl.O.P.No.18992 of 202503.07.2025Page No.12 of 12