Prasath vs State

K.Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 15.11.2025 for the alleged offence under Sections 75, 78(1), 78(1)(ii), 351(3) of BNS 67 of I.T Act in Crime No. 163 of 2025 on the file of the respondent police, seeks bail.

The case of prosecution is that the petitioner fell in love with the victim girl and had sexual relationship with her. Consequent to which the victim girl became pregnant and thereafter cheated her. Hence, this case.

The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and was in judicial custody since 15.11.2025. He further submitted that the petitioner had just tried to contact the victim girl through instagram and is ready to abide by any conditions that may be imposed by this Court. Hence, the learned counsel prays to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent Police reiterated the prosecution case and submitted that the petitioner harassed the defacto complainant through instagram and also threatened her to talk. He further submitted that there is no previous case pending against the petitioner and investigation in this case has is pending. Hence, he opposed for grant of bail to the petitioner.

I have heard the learned counsel on either side and also perused the materials available on record.

6.Considering the facts and circumstances of the case, and also taking note of the submission made by the learned Government Advocate (Crl.Side) and the fact that there is no previous case pending against the petitioner and considering the nature of offence and age of the victim also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 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 appear before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;

[c] 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]

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.