R.Ganesan v. Home, Prohibition And Excise Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL R.Ganesan ..Petitioner(s) Vs State rep by the Inspector of Police, W-36 All Women Police Station, Puzhal, Chennai Cr.No.15 of 2026 ..Respondent(s) Prayer: The Criminal Original Petition is filed under Section 483 of B.N.S.S., to enlarge the petitioner on bail in Cr.No.15 of 2026 on the file of the respondent police.

For Petitioner(s):

Mr.Ganesha Moorthy B For Respondent(s):

Mr.R.Vinoth Raja Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 27.04.2026 for the offences punishable under Sections 69, 64(2)(m), 118(3), 296(b) of BNS and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Cr. No.15 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner, under the pretext of marrying the defacto complainant, had committed sexual assault on her. Hence, the case.

3. The learned counsel for the petitioner would contend that the petitioner is under judicial custody since 27.04.2026. He further submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted the defacto complainant had a love affair with the petitioner and that the physical contact was consensual. Therefore he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that there are no previous case against the petitioner. He further submitted that the investigation is pending. Hence, he opposed for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the nature of offence and the relationship between the parties and the fact that the petitioner has no previous cases and also taking into

consideration the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to 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 District Munsif cum Judicial Magistrate Court, Madhavaram, Chennai and on further conditions that:

[b] the petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders; [c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she is suspected;

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

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to

the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

13-05-2026 Anu 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. The District Munsif cum Judicial Magistrate Court, Madhavaram, Chennai

2. The Inspector of Police, W-36 All Women Police Station, Puzhal, Chennai

3. The Superintendent Central Prison, Puzhal, Chennai

4. The Public Prosecutor, Madras High Court.

P.DHANABAL, J.

Anu 13-05-2026