A. Gunasekaran v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN A. Gunasekaran ..Petitioner Vs The Inspector of Police, Pattabiram AWPS, Thiruvallur, in Cr.No.10/2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant anticipatory bail to the Petitioner/Accused in the event of his arrest in Crime No.10 of 2026 on the file of the respondent police and pass such further or other orders. For Petitioner:

Mr. R. Ganesan For Respondent:

Ms.R.S.Indira Government Advocate (Criminal Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023 in Crime No.10 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioner during the year 2024, under false promise, had a physical relationship with the defacto complainant. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner lives in America and has been falsely implicated in this case. He also submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and is willing to co-operate with the investigation. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that there are no adverse antecedents against the petitioner. However, she opposed to grant anticipatory bail to the petitioner.

5. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

6. Considering the nature of allegations, the age of the victim and noting the submissions of the learned Government Advocate (Crl. Side) that there are no adverse antecedents against the petitioner and that the initial relationship was consensual in nature, this Court is of the view that, at this length of time,

custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.

7. 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 Additional Mahila Court, Thiruvallur on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 a.m. for a period of 30 days and thereafter as and when required for interrogation;

(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.

08-06-2026 Index: Yes/No Speaking/Non-speaking order VEDA To 1.The Additional Mahila Court, Thiruvallur.

2.The Inspector of Police, Pattabiram AWPS, Thiruvallur.

3.The Public Prosecutor, Madras High Court.

C.KUMARAPPAN, J.

VEDA 08-06-2026