Authority: High Court of Judicature at Madras

Order Date: 28-08-2026

Case Overview

  • Petitioner: M/s. Shimiyon Edwin M (represented by counsel); Respondent: State represented by Inspector of Police W‑34, All Women Police Station, Ennore, Chennai (Crime No.16 of 2026).
  • Allegations: While the de‑facto complainant's sister’s daughter was sleeping inside her house, the petitioner allegedly trespassed into the house and attempted to commit rape. The de‑facto complainant intervened, and the petitioner escaped.
  • Arrest & Custody: Petitioner was arrested and remanded to judicial custody on 19‑05‑2026 under Sections 329(2), 64, 62, 74 of the Bharatiya Nagarik Suraksha Sanhita (BNS Act) read with Section 4 of the Tamil Nadu Prohibition of Harassment of Women (Amendment) Act, 2002.
  • Victim Statement: Victim’s statement recorded under Section 183 of the BNS Act on 15‑06‑2026 was placed before the Court.
  • Prior Criminal History: The petitioner has 13 previous cases, one of which is under the Women Harassment Act.
  • Investigation Status: Investigation completed; charge sheet filed but not yet taken on file.

Final Outcome

  • The Court, after considering the nature of allegations and the petitioner’s prior record, ordered the petitioner to be released on bail.
  • Bail Conditions:

1. Execution of a bond of Rs 25,000 (Rupees Twenty‑Five Thousand only) with two sureties each, each surety to provide a sum of Rs 25,000.

2. Sureties must affix photographs and left thumb impressions on Judicial Form No.46 (Criminal Rules of Practice, 2019); Magistrate to verify identity proof.

3. Petitioner must report daily before the respondent police at 10:30 a.m. until further orders.

4. Petitioner shall not abscond during investigation or trial.

5. Petitioner shall not tamper with evidence or witnesses during investigation or trial.

6. Breach of any condition empowers the learned Magistrate/Trial Court to pass appropriate orders as per Supreme Court precedent in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

7. If the accused absconds, a fresh FIR may be registered under Section 269 of the BNS Act.

  • Administrative Directions: Registry to upload this order on the official website of the Court immediately; the uploaded order will be watermarked and contain a QR code. All concerned parties must act on the uploaded version without insisting on certified hard copies.

Topics: Criminal Law, Bail