S.Mageshwaran v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA S.Mageshwaran ..Petitioner Vs The State Rep By, The Inspector of Police, W-5, All Women Police Station, Selayur, Tambaram - 600 072.

..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. 7 of 2026 on the file of the Respondent Police.

For Petitioner:

Mr.Mahendra Babu N For Respondent:

Mr.P.Dhileepan Govt Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 69, 296, 115(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 in Crime No.7 of 2026 on the file of the respondent Police, seeks anticipatory bail.

2. The learned counsel for the petitioner, pleading innocence on the part of the petitioner and false implication in the case, seeks indulgence of this Court. He further submitted that the earlier application in Crl.OP.No.6733 of 2026 was dismissed on the ground that the victim belongs to Scheduled Caste community and hence, the respondents invoked the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and later, it has now come to light that the victim is a converted Christian and she does not belong to Scheduled Caste community.

3. The case of the prosecution as put forth by the learned Government Advocate(Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that the petitioner induced the de facto complainant on a false promise of marriage and committed sexual intercourse and cheated her. It has come to light that the victim is a converted Christian and she cannot claim the status of Scheduled caste.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent and perused the materials available on record.

5. Taking note of the facts and circumstances of the case, the submissions

made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner with 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 days from the date on which the order copy is made ready, before the learned Additional Mahila Court, Alandur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum, to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:

[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned

Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560].

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

29-04-2026 SHL To:

1. The Additional Mahila Court, Alandur

2. The Inspector of Police, W-5, All Women Police Station, Selayur, Tambaram - 600 072

3. The Public Prosecutor High Court of Madras

A.D.JAGADISH CHANDIRA J.

SHL 29-04-2026