Sathish @ Sathishkumar vs Sub Inspector Of Police

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 27.01.2026 for the alleged offences under Section 495 IPC read with Sections 56, 77, 108, 296(b) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, and Section 67A of the Information Technology Act, in Crime No.351 of 2025 on the file of the respondent police, seeks bail.

The allegation against the petitioner is that, suppressing the fact that he is already married, the petitioner, on the pretext of marriage, had sexual intercourse with the defacto complainant. When the defacto complainant insisted on marriage, the petitioner refused. Being frustrated over the same, the defacto complainant attempted to commit suicide by jumping before a train and sustained grievous injuries, as a result of which both her legs were amputated. Hence, the case.

The learned counsel for the petitioner would submit that the occurrence took place on 06.07.2025 and the FIR was registered only on 30.10.2025. Pursuant to the registration of the FIR, the petitioner was arrested on 27.01.2026. He would further submit that the co-accused have already been granted anticipatory bail vide order dated 16.03.2026 passed in Crl.O.P.No.6776 of 2026, which fact was not seriously disputed by the learned Government Advocate (Crl. Side). Hence, he prayed for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that even according to the prosecution, the petitioner, along with his relatives, had abused the defacto complainant and caused humiliation to her.

I have given anxious consideration to the submissions made by the learned counsel on either side.

Considering the above facts and circumstances, the period of incarceration undergone by the petitioner, and the fact that the co-accused have already been granted anticipatory bail, this Court is inclined to enlarge the petitioner on bail with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on their 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 No.I, Thirupattur, and subject to the following conditions:

[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 report before the respondent police everyday at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation;

[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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.