High Court · 2025

CRL OP (MD) No.7379 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 23.04.2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.7379 of 2025Anandakumar... Petitioner/Accused No.1Vs.The State of Tamil NaduRep. by the Inspector of Police,Tiruchuli Police Station,Virudhunagar District.Crime No.60 of 2025... Respondent/ComplainantFor Petitioner: Mr.A.Balaji AdvocateFor Respondent: Mr.K.Sanjai Gandhi, Government Advocate (Crl. Side)PETITION FOR BAIL Under Sec.483 of BNSS, 2023PRAYER :-For bail in Crime No.60 of 2025 on the file of the respondent-police.ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 21.04.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7379 of 2025to grant bail.2. The petitioner/A1 was arrested and remanded to judicial custody on21.02.2025 for the alleged offences punishable under Sections 318(2), 64, 296(b) and351(2) of Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No.60 of 2025 on the file ofthe respondent-police.3. The case of the prosecution is that the petitioner and the defactocomplainant were in a romantic relationship, and on the false promise of marriage,the petitioner had physical relations with her on several occasions. The petitioner'sbrother and sister-in-law opposed the marriage between the petitioner and thedefacto complainant. On 06.02.2025, when the defacto complainant insisted that thepetitioner marry her, he refused. As a result, the defacto complainant attempted tocommit suicide. On 07.02.2025, the petitioner's relatives pacified the defactocomplainant and assured her that they would arrange her marriage with thepetitioner. However, to her shock, the defacto complainant later came to know thatthe petitioner had married another woman. When she questioned the petitionerabout the same, he and the other accused persons allegedly abused her in filthylanguage and threatened her with dire consequences. Hence the case.4. Mr.A.Balaji, learned counsel appearing for the petitioner, submits that thepetitioner married one 'XXXX' in the month of January 2025, and thereafter, the2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7379 of 2025defacto complainant lodged the present complaint with a view to defame thepetitioner. He further submits that the petitioner has been in judicial custody since21.02.2025 and that, since the investigation has been completed, further custody ofthe petitioner may not be necessary for the investigating agency. He further submitsthat the petitioner is ready to abide by any condition to be imposed by this Court.He therefore prays to grant bail to the petitioner.5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (CriminalSide) appearing for the respondent-police, submits that the petitioner married one'XXXX' in the month of January 2025, and thereafter, the defacto complainant lodgedthe present complaint. He further submits that the investigation has been completedand charge has been sheet filed. He further submits that if the petitioner is releasedon bail, he will cause threat to the defacto complainant and witnesses. Accordingly,he prays to dismiss this Criminal Original Petition.6. Heard on both sides and perused the records.7. The petitioner was arrested on 21.02.2025 and has been in judicial custodysince then. In view of the offences allegedly committed by the petitioner and thefacts and circumstances of the case and considering the fact that the investigationhas been completed and the charge sheet has been filed, this Court is of the opinionthat further custody of the petitioner is not necessary for the Investigating Agency in3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7379 of 2025this case. Further, the petitioner has permanent residence and deep roots in thesociety, and therefore, there is less possibility of absconding. Considering the sameand also considering the period of incarceration suffered by the petitioner, thisCourt is inclined to grant bail to the petitioner, however, subject to certainconditions. Accordingly, bail is granted to the petitioner subject to the followingconditions:(i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousandonly) along with two sureties each for a like sum of Rs.10,000/- (Rupees TenThousand only) to the satisfaction of the learned Judicial Magistrate, Tiruchuli;(ii) The sureties shall affix their photographs and left thumb impression in theApplication for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned Judicial Magistrate, Tiruchuli shall obtain a copy of anyone of identity proofs to ensure their identity;(iii) The petitioner shall furnish his residential address and mobile number tothe learned Judicial Magistrate, Tiruchuli;(iv) The petitioner shall appear and sign before the learned Judicial Magistrate,Tiruchuli, on all working days at 10.30 a.m., until further orders;(v) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7379 of 2025(vi) The petitioner shall not commit an offence similar to the offence of whichhe is accused, or suspected, of the commission of which he is suspected;(vii) The petitioner shall not directly or indirectly make any inducement, threator promise to any person acquainted with the facts of the case so as to dissuade himfrom disclosing such facts to the Court or to any police officer or tamper with theevidence;(viii) The petitioner shall not enter into the defacto complainant's house orworkplace;(ix) The petitioner shall not cause any threat to the defacto complainant andwitness and shall also not try to contact the defacto complainant either directly orthrough any electronic mode;(x) On breach of any of the aforementioned conditions, the learned JudicialMagistrate, Tiruchuli is entitled to pass appropriate orders against the petitioner inaccordance with law as if the aforementioned conditions are imposed by him as laiddown by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC283].5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7379 of 20258. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 23/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. mbiTo1 THE JUDICIAL MAGISTRATE,TIRUCHULI.2 THE CHIEF JUDICIAL MAGISTRATEVIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.3.The Inspector of Police, Tiruchuli Police Station, Virudhunagar District.4.The officer in-charge, District Jail, Virudhunagar.5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.A.BALAJI, Advocate ( SR-4578[I] dated 23/04/2025 )6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7379 of 2025 ORDER IN CRL OP(MD) No.7379 of 2025 Date :23/04/2025 MK/SAR /23.04.2025 7P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7