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Madras High CourtCRL OP/2655/2026granted

Udhayashankar v. Inspector Of Police

2026-02-06Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.2655 of 2026 Udhayashankar S/o.Vijayakumar ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, Sai Baba Colony Police Station, Coimbatore.

(Crime No.728 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.728 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr.P.Esakki Raja For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) *******

ORDER

The petitioner, who was arrested and remanded to judicial custody on 23.12.2025, for the offences punishable under Section 75(2) of the BNS Act, 2023, in Crime No.728 of 2025, registered on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that when the victim lady was walking on the road, the petitioner herein misbehaved with her by using inappropriate actions and hence, a case was registered by the respondent police.

3.The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and he is in judicial custody from 23.12.2025. He further submitted that since the petitioner has no previous case, and the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, prays to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and submitted that the there is no previous case as against the petitioner and that the further investigation of this case is pending. 5.

I have considered the submissions made and perused the materials available on record.

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6. Considering the facts and circumstances of the case, the period of incarceration undergone by the Petitioner since 23.12.2025 and there is no previous case as against the petitioner, I am inclined to grant bail to the petitioner herein with certain conditions.

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Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Additional Mahila Magistrate, Coimbatore, 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 report before the respondent police daily at 10:30 a.m., for a period of four 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 3/5

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. 06.02.2026 ssa Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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K. RAJASEKAR, J.

ssa To

1. The Additional Mahila Magistrate, Coimbatore.

2.The Inspector of Police, Sai Baba Colony Police Station, Coimbatore.

(Crime No.728 of 2025)

3. The Superintendent, Coimbatore Central Jail.

4. The Public Prosecutor, High Court of Madras.

CRL OP NO.2655 of 2026 06.02.2026 5/5