C.Prem Ramesh (A1) vs State

K.Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 17.12.2025 for the alleged offence punishable under Section 75(2), 85, 351(3) of BNS Act r/w. Section 4 of Dowry Prohibition Act and section 4 of Women Harassment Act in Crime No.61 of 2025 on the file of the respondent police, seeks bail.

The allegation against the petitioner is that the petitioner is the husband of the defacto complainant in this case and their marriage took place on 01.06.2025 and after the date of marriage he has not come forward to perform his conjugal duties and subsequently, it revealed that he was interested in homo sexual activities. Further it was immediately intimated to the family members and the family members who inturn forced the defacto complainant to have sexual relationship with some other person, who is a relative of her family. Hence, unable to bear the insult and humiliation and harassment, she has come forward to lodge the complaint and in the FIR, it is also stated that the petitioner herein has demanded 50 sovereigns of gold jewels from the defacto complainant. Hence, the petitioner was arrested.

Learned counsel appearing for the petitioner submitted that the petitioner is not capable to perform his sexual relationship. Hence, there is a dispute arose between the parties and in this regard, in spite of negotiation between the parties, the same has not been concluded and thereafter the false complaint has been lodged against the petitioner and the petitioner is in incarceration from 17.12.2025. Hence, he prayed to grant bail to the petitioner.

Learned counsel for the intervener submitted that it is not only the case of harassment but also there are other serious allegations; it is also the case of weird behaviour of the petitioner herein and who used to stay online and have various types of sexual activities in the online and he has also forced the victim girl to accept his character and also forced to have sex with other persons. Hence, the defacto complainant has lodged the complaint and if the petitioner is granted bail there is likelihood of tampering the investigation. Hence, he opposed to grant bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that there are totally 4 accused in this case and the three accused were granted anticipatory bail and the petitioner is the main accused in this case and he has been arrested and in judicial custody from 17.12.2025. Hence, he opposed to grant bail to the petitioner.

I have gone through the FIR and other connected materials. Though there are certain disturbing facts revealed in the FIR, it is further revealed that the petitioner is incapable of having sexual relationship which is a cause for strained relationship between the parties. Now the FIR has also been registered and the petitioner was arrested and is in incarceration. Hence, I am of the view that further interrogation of the petitioner is not necessary, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate Court, Ambattur, Tiruvallur District, 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 report before the respondent police daily at 10.30 a.m., for a period of two weeks.

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

[d] the petitioner shall not tamper with the 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 B.N.S.