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Madras High CourtCRL OP/3990/2026granted

Balaji v. State Of Tamil Nadu Represented By

2026-02-20Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2026

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Balaji ... Petitioner Vs.

The State Rep. By, The Inspector of Police, Vellore South Police Station, Vellore District.

Crime No.253 of 2026 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.253 of 2026 on the file of the respondent police.

For Petitioner :

Mr.Thangavel M R For Respondent :

Ms.J.R.Archana Government Advocate (Crl. Side) 1/5

O R D E R

The petitioner herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 351(3) of BNS, 2023 and Section 4 of TNPHW Act in Crime No.253 of 2026, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that the defacto complainant is doing small cart business and the petitioner had demanded sexual favours, unable to bare the same, defacto complaianant has lodged the complaint. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the petitioner has four previous cases. However, he opposed for grant of anticipatory bail to the petitioner. 2/5

5.Considering the nature of allegations and it is the case of harassing the victim in a public place, but it is only verbal abuse and to investigate the case, no custodial interrogation is necessary, hence this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Vellore on condition that the petitioner shall execute 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 Magistrate concerned, and on further condition that:

[a] if the petitioner fails to surrender before the concerned Magistrate within a period of ten days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

[b] 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;

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[c] the petitioner shall report before the respondent police daily at 10.30.a.m., for a period of two weeks and thereafter as and when required for interrogation;

[d] 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];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 20.02.2026 sma To

1. Judicial Magistrate No.1. Vellore.

2.The Inspector of Police, Vellore South Police Station, Vellore District.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

sma 20.02.2026 5/5