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Madras High CourtCRL OP/14307/2026granted

Madhubalan v. The State Rep By, The Inspector Of Police

2026-06-08Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Madhubalan S/o.Paranthaman, No.94, Big Street, Peruvalayam Post, Vellore District- 631052.

..Petitioner(s) Vs The State Rep By, The Inspector of Police Nemili Police Station, Ranipet District.

(Crime No.148 of 2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on Anticipatory Bail in the event of his arrest in Crime No.148 of 2026 pending investigation on file of the respondent police. For Petitioner(s):

Mr.H.Rambabu For Respondent(s):

M/s.R.S.Indira, Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Section 69 of BNS, in Crime No.148 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that, under the pretext of a false promise of marriage, the petitioner had sexual intercourse with the defacto complainant and subsequently refused to marry her. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that he is ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submitted that, since 2021 onwards, the petitioner had been in a relationship with the defacto complainant on the basis of a false promise of marriage. Hence, he opposed to grant anticipatory bail to the petitioner.

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

6. Considering the nature of the allegations and the fact that, even according to the FIR, the relationship between the petitioner and the defacto

complainant appears to be consensual, coupled with an alleged false promise of marriage, this Court is of the firm view, that custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner 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 Judicial Magistrate No.II, Arakkonam 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 slip (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 two weeks and

thereafter appear before the respondent police 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 DRL

To 1.The Judicial Magistrate No.II, Arakkonam.

2.The Inspector of Police Nemili Police Station, Ranipet District.

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 08-06-2026