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Madras High CourtCRL OP/13307/2026granted

Sanjay@Sanjai v. The State Rep By

2026-05-21Honourable Mr.Justice R.Sakthivel6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.05.2026 PRESENT THE HON'BLE MR.JUSTICE R.SAKTHIVEL CRL.O.P.No.13307 of 2026 Sanjay @ Sanjai S/o.Amulraj, Residing at R.S.Road, Valathur Village, Gudiyatham Taluk, Vellore District.

... Petitioner / Sole Accused Vs.

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

(Crime No.45 of 2026) ... Respondent / Complainant PRAYER: Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail to the petitioner in Crime No.45 of 2026 on the file of the respondent police.

For Petitioner :

Mr.T.Muruganantham For Respondent :

Mr.V.J.Priyadarsana Government Advocate (Criminal Side) 1/6

O R D E R

This Criminal Original Petition has been filed by the petitioner on 18.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail.

2. The petitioner/sole accused was arrested and remanded to judicial custody on 06.05.2026 for the alleged offences punishable under Sections 74 and 75 of BNS r/w Section 4 of Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013, in connection with Crime No.45 of 2026 on the file of the respondent police.

3. The case of the prosecution is that on 30.04.2026, while the defacto complainant and her sister were returning in their two wheeler, the petitioner restrained and pulled their Saree and sexually harassed them. Hence, the case.

4. Mr.T.Muruganantham, learned counsel for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner/sole accused has been in judicial custody since 06.05.2026 and 2/6

till date he has been under incarceration. The petitioner has permanent residence and accordingly, he prays to grant bail to the petitioner.

5. Per contra, Mr.V.J.Priyadarsana, learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the petitioner misbehaved with the defacto complainant during the night hours. He further submits that there is no previous case pending against the petitioner and investigation is in crucial stage and accordingly, he prays for the dismissal of this petition.

6. Heard on both sides. This Court has perused the records.

7. The petitioner is the sole accused in Crime No. 45 of 2026. The petitioner has been in judicial custody since 06.05.2026.

8. Considering the nature of offence and the period of incarceration and with a view to give one more opportunity to reform himself, this Court is inclined to enlarge the petitioner on bail, however, subject to certain conditions. Accordingly, bail is granted to the petitioner subject to the following conditions:

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(i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the learned Judicial Magistrate, Gudiyatham. (ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate, Gudiyatham, shall obtain a copy of any one of their identity proofs to ensure their identity.

(iii) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNSS, 2023. (iv) The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

(v) 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. (vi) The petitioner shall appear and sign before the respondent police daily at 10.30 a.m. until further orders. (vii) The petitioner shall not leave Tamil Nadu without prior permission of the Trial Court.

(viii) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Gudiyatham. (ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Gudiyatham, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 4/6

conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

9. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

21.05.2026 cgi 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 official website of this Court will be watermarked and will also have a QR code.

To 1.The Judicial Magistrate, Gudiyatham.

2.The Superintendent of Prison, Central Prison, Vellore.

3.The Inspector of Police Malpatti Police Station, Vellore District.

4. The Public Prosecutor, High Court of Madras, Chennai 600 104.

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R. SAKTHIVEL,J cgi Order made in CRL.O.P.No.

13307 of 202 .0 5 .202 6/6