CRL OP(MD).No.12574 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI CRL OP(MD).No.12574 of 2025 Francis, S/o.Alphonse, ..Petitioner/ Accused No.1 Vs The State of Tamilnadu rep.by The Inspector of Police, All Women Police Station, Marthandam, Kanayakumari District. (Crime No.31 of 2024) .. Respondent/Complainant For Petitioner : Mr.P.Sonu Advocate. For Respondent : Mr.M.Karunanithi Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.31 of 2024 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.12574 of 2025 custody on 07.07.2025 for the offences punishable under Sections 66E, 67, 67A of IT Act and Section 4 of TNPHW Act now altered into Section 64 of BNS in Crime No.31 of 2024 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that this petitioner running a quarry in Tirunelveli. The second accused is the wife of the first accused and the third accused is working in the said quarry as Accountant. The first accused contacted the defacto-complainant through phone by stating that there is some irregularities in the accounts,they should have corrected immediately. On 01.07.2023, the defacto- complainant went with A1 in a car, while the first accuse took the defacto- complainant to his guest house and he gave cool drinks to her. After consuming cool drinks, the deafacto-complainant fainted and she doesn't know what happened. After woke up, the defacto-complainant found some changes in her body and her dresses were loosened. After that she knew that the first accused have committed penetrative sexual assault against her. Moreover, the first accused also took obscene photographs of the defacto-complainant and threatened the defacto-complainant. Hence, the case. 3. The learned counsel for the petitioner would submit that there are totally 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.12574 of 2025 three accused, this petitioner was arrayed as Accused No.1. This petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 07.07.2025, more than 18 days. Hence, he seeks bail. 4. The learned Government Advocate (Criminal Side) would submit that this petitioner have committed penetrative sexual assault against the defacto- complainant. The other accused threatened the defacto-complainant that they will leak her obscene photos and videos in social media. In this case, A2 was enlarged on anticipatory bail by the Principal District and Sessions court, Kanyakumari and the A3 was enlarged on bail by this Court in Crl.O.P.(MD).No.9415 of 2025 dated 11.06.2025. In this case, occurrence was happened on 01.07.2023, the defacto- complainant lodged a complaint on 15.07.2024 and this petitioner was arrested on 07.07.2025. The first accused and other accused persons frequently threatened the defacto-complainant and stating that not to give any complaint against him or otherwise he will leak the obscene video and photos of the defacto-complainant. There is no previous case against this petitioner. However, he objected to grant bail to the petitioner. 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.12574 of 2025 5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the occurrence happened on 01.07.2023 and the complainant lodged a complaint only on 15.07.2024 and the FIR was registered on 23.12.2024, the petitioner was arrested on 07.07.2025, by this time investigation might have been completed, A2 and A3 were enlarged on anticipatory bail, there is no previous case against this petitioner, the petitioner/accused No.1 is in judicial custody from 07.07.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions: 6. Accordingly, the petitioner is ordered to be released on bail on 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 learned Judicial Magistrate No.1, Kuzhithurai 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 furnish his residential address and contact number to the learned Judicial Magistrate No.1, Kuzhithurai. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.1, Kuzhithurai; 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.12574 of 2025 [c] the petitioner shall Stay at Salem and he shall appear and sign before the Inspector of Police, Shevapet Police Station daily twice at 10.00a.m. and 05.00p.m. for the period of 30 days and thereafter he shall appear and sign before the respondent police daily at 10.30 a.m. until further orders; [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. sd/- 25/07/2025 / TRUE COPY / 25/07/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023. gvn 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.12574 of 2025 TO 1. The Judicial Magistrate No.1, Kuzhithurai. 2.Do Through The Chief Judicial Magistrate, Kanniyakumari District @ Nagercoil. 3. The Superintendent, Central Prison, Palayamkottai. 4. The Inspector of Police, All Women Police Station, Marthandam, Kanayakumari District. 5. The Inspector of Police, Shevapet Police Station, Salem. 6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.12574 of 2025 Date :25/07/2025 SBN/25.07.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6 https://www.mhc.tn.gov.in/judis