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Madras High CourtCRL OP/7171/2026granted

Thiyagarajan v. State Rep.By,

2026-03-23Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN K.Thiyagarajan ..Petitioner(s) Vs State rep.by, The Inspector of Police, W-7, All Women Police Station, Anna Nagar, Chennai-600 040.

Cr.No.10 of 2025.

..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 482 of BNSS, pleased to enlarge the Petitioner/accused on Anticipatory Bail in the event of his arrest in Cr.No.10 of 2025 on the file of the respondent / Complainant. For Petitioner(s):

Mr.Sivanandan Ethiraj For Respondent(s):

Mr.P.Dhileepan Government Advocate (Criminal side)

ORDER

The petitioner apprehend arrest for the alleged offence under Sections Sections 79, 296 (b), 75 of BNS, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.10 of 2025 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the defactocomplainant were in a relationship. It is alleged that during this period, the petitioner received a sum of Rs.18,50,000/- and also 9 sovereigns of gold

jewels from the defacto-complainant and subsequently cheated her. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner and the defacto-complainant had been in relationship since 2024. It is alleged that, taking advantage of this relationship, the petitioner cheated the defacto-complainant and received a sum of Rs.18,50,000/- and 9 sovereigns of gold jewel. The First Information Report was subsequently registered on 10.03.2025. Hence, he opposed the grant of anticipatory bail to the petitioner.

5.According to the prosecution, the relationship between the petitioner and the defacto-complainant was consensual in nature. Considering the nature of the allegations and the fact that the First Information Report was registered on 10.03.2025 for an occurrence that took place in 2024, this Court is of the firm view that custodial interrogation of the petitioner is not necessary. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) 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 identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent police daily at 10.30 am and 5.30 pm. for a period of two weeks and thereafter as and when required;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

23-03-2026 ep

To 1.The Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai.

2.The Inspector of Police, W-7, All Women Police Station, Anna Nagar, Chennai-600 040.

3.The Public Prosecutor High Court of Madras.

C.KUMARAPPAN, J.

ep 23-03-2026