Udhayakumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-05-2026

CORAM

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Udhayakumar, M/ Aged 29 years S/o, Gokuldoss, No.27/40, Anbil Dharmalingam Street, Nehur Nagar, Velachery, Chennai District.

Petitioner / Accused Vs The State rep by The Inspector of Police, J-7, Velachery Police Station, Chennai.

Crime No.158 of 2026 Respondent / Complainant PRAYER:- Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to enlarge the petitioner on bail concerned in Crime No.158 of 2026 pending investigation on the file of the respondent.

For Petitioner:

Mr.M.Shimiyon Edwin For Respondent:

Mr.V.J.Priyadarsana Government Advocate (Criminal Side)

ORDER

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.

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The petitioner / accused was arrested and remanded to judicial custody on 26.04.2026 for the alleged offences punishable under Sections 75(2) of BNS in Crime No.158 of 2026 on the file of the respondent police.

3. The case of the prosecution is that on 25.04.2026, while the de facto complainant was returning home from her workplace, the petitioner along with other accused allegedly misbehaved with her. Hence this case.

4. The 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 has been in judicial custody since 26.04.2026. He further submits that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. He therefore 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 while the de facto complainant returning home from office, the petitioner allegedly misbehaved with her. He further submits that no previous case pending against the petitioner. The learned Government Advocate (Criminal Side) contends that if the petitioner is released on bail, there is a chance to once again commit 2/6

sexual assault on the de facto complainant and pose a threat to the defacto complainant. Accordingly, he prays for the dismissal of this petition.

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

7. The petitioner is in incarceration since 26.04.2026. Considering the facts and circumstances of the case and the period of incarceration and also taking note of the fact that the petitioner has no previous case with a view to give one more opportunity to reform himself, this Court is inclined to grant bail to the petitioner, however, subject to certain conditions. Accordingly, bail is granted to the petitioner subject to the following conditions: (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 Metropolitan Magistrate XVIII, Saidapet.

(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 Metropolitan Magistrate XVIII, Saidapet shall obtain a copy of any one of their identity proofs to ensure their identity. (iii) The petitioner shall appear and sign before the respondent Police daily at 10.30 a.m, until further orders.

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(iv) The petitioner shall not enter into the defacto complainant's house or her work place.

(v) The petitioner shall furnish his residence address and mobile number to the learned Metropolitan Magistrate XVIII, Saidapet. (vii) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence. (viii) On breach of any of the aforementioned conditions, the learned learned Metropolitan Magistrate XVIII, Saidapet is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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].

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

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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 Metropolitan Magistrate XVIII, Saidapet.

2. The Superintendent, Central Prison, Puzhal, Chennai.

2.The Inspector of Police, J-7, Velachery Police Station, Chennai.

3. The Public Prosecutor, Madras High Court, Chennai.

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R.SAKTHIVEL J.

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