Parthiban v. The State Of Tamilnadu Rep By The Inspector Of Police, Sipcot

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/07/2026 PRESENT The HONOURABLE MR. JUSTICE K. RAJASEKAR Parthiban, S/o.Vaigunda Durai, 5/709/2a,10th Cross Street, Nethaji Nagar, Thoothukudi District..

... Petitioner/Sole Accused Vs The State of Tamilnadu Rep By The Inspector of Police, Sipcot Police Station, Thoothukudi District.

(Crime No.433 of 2026).

... Respondent/Complainant For Petitioner : Ms.Geetha C, Advocate.

For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS 1/7

PRAYER :- C-33 B. For Bail in Crime No.433 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 21.06.2026 for the offences punishable under Section 75(1)(i) of BNS, 2023, and Section 4 of TNPWH Act, in Crime No.433 of 2026 on the file of the respondent police, seeks bail. 2.The allegation against the petitioner is that the petitioner is working as a plumber and improperly touched the victim, who is the resident of the house wherein the petitioner only attended to the plumber work. Hence, the case has been registered, and the petitioner was arrested.

3.The learned counsel for the petitioner would submit that a false case been foisted against the petitioner. He would further submit that it is only a case of outrage of modesty, but it has been framed as attempted 2/7

rape. He is ready to cooperate with investigation. The petitioner has been arrested and remanded to judicial custody on 21.06.2026. Hence, he prays to grant bail to the petitioner.

4. The learned counsel for State of TN (Crl. Side) appearing for the respondent reiterated the prosecution and submitted that the investigation is still pending, the offences are grave in nature and the petitioner is having no previous cases. Hence, he strongly opposed to grant bail to the petitioner.

5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side and the nature of offences levelled against the petitioner and considering the period of incarceration and the petitioner has no previous cases, I am inclined to grant bail to the petitioner subject to the following conditions:

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[a] Accordingly, this petition is ordered and the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Thoothukudi, and on further conditions that: [b] the petitioner shall report before the learned Judicial Magistrate No.1, Tirunelveli, daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation.

[c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she is suspected;

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

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing 4/7

such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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.

(K R S J) 03.07.2026 VSG 5/7

TO 1.The learned Judicial Magistrate No.III, Thoothukudi. 2.The learned Judicial Magistrate No.1, Tirunelveli.

3. The Superintendent, District Jail, Thoothukudi. 4.The Inspector of Police, Sipcot Police Station, Thoothukudi District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K. RAJASEKAR,J., vsg

ORDER

IN CRL OP(MD) No.13266 of 2026 Date : 03/07/2026 7/7