Periyasami v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Periyasami ..Petitioner Vs State Rep by The Inspector of Police, J-1, Saidapet Police Station, Chennai-600015.
Crime No.223/2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending in Crime No.223/2026 on the file of Respondent Police For Petitioner:
Mr.M.Rajendiran For Respondent:
Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu
ORDER
The petitioner, who was arrested and remanded to judicial custody on 21.05.2026 for the alleged offence under Section 296(b), 351(2) of BNS Act and under Section 4 of TNPHW Act in Crime No.223 of 2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner and the de facto complainant were in a relationship. When the de facto complainant came to know that the petitioner was already married, she refused to continue their relationship. Subsequently, the petitioner began threatening her to marry him. Hence, this case.
3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that she has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.
4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and strongly opposed the grant of bail to the petitioner.
5. I have given my anxious consideration to either side submissions and perused the materials available on record.
6. Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); it is a case of
criminal intimidation, considering the incarceration of the petitioner since 21.05.2026 and the totality of the circumstances, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned IX Metropolitan Magistrate, Saidapet, and on further conditions that: [a] 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 the identity proofs to ensure their identity; [b] the petitioner shall stay at Nagercoil and report before the Inspector of Police, Kottar Police Station, Nagercoil District until further orders;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
12-06-2026 SHL 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 IX Metropolitan Magistrate, Saidaipet
2. The Inspector of Police, J-1, Saidapet Police Station, Chennai-600015.
3. The Superintendent, Central Prison, Puzhal, Chennai
4. The Public Prosecutor High Court of Madras
C.KUMARAPPAN J.
SHL 12-06-2026