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Madras High CourtCRL OP/2967/2026granted

Ramki Arunachala Ganesh v. State Rep By

2026-02-09Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Ramki Arunachala Ganesh ..Petitioner(s) Vs State Rep by The Inspector of Police, All women Police Station, Tambaram, Chennai-45 Crime No.03 of 2026 ..Respondent(s) Prayer: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail concerned in Crime No.3 of 2026 pending investigation on the file of the respondent on such terms and conditions and as this Honble Court may deem fit and proper and thus render justice. For Petitioner(s):

M/S.N.Arun Kumar For Respondent(s):

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 15.01.2026 for the offences punishable under Sections 69, 115(2), 351(2) of BNS, 2023 and Section 4 of TNPHW Act, in Crime No.3 of 2026 on the file of the respondent police, seeks bail.

2.The prosecution alleges that the petitioner developed a relationship with the victim, promised to marry her, had sexual intercourse, and subsequently refused to marry her.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He submitted that the petitioner and the defacto complainant were lovers in a consensual relationship, which ended due to a difference of opinion. He also submitted that the petitioner is in custody from 15.01.2026 and the petitioner is also ready to abide by any other stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police opposed for the grant of bail to the petitioner, by reiterating the case of the prosecution; that the defacto complainant is aged about 31 years;

that there is a love affair between the defacto complainant and the petitioner herein and they were in consensual relationship, later the petitioner refused to marry her; and that the investigation is pending.

6. Taking note of the facts and circumstances of the case, submissions made by the learned counsels on either side, the fact that the relationship between the petitioner and the defacto complainant was consensual for some period and considering the period of incarceration undergone by the petitioner from 15.01.2026, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties, for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate Court, Pallavaram 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 everyday at 10:30 a.m., for a period of two 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 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.

09-02-2026 GBI 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.

To 1.State Rep by The Inspector of Police, All women Police Station, Tambaram, Chennai-45 Crime No.03 of 2026 2.The District Munsif Cum Judicial Magistrate Court, Pallavaram. 3.The Central Prison, Puzhal.

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

GBI 09.02.2026