Bharathi Priyan v. The State Rep. By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Bharathi Priyan ..Petitioner Vs The State Rep. by The Inspector of Police All Women Police Station, Sethiyathope, Cuddalore District.
Crime No.21 of 2026 ..Respondent Prayer: Criminal Original Petition filed under section 482 of BNSS to enlarge the petitioner on bail in the event of his arrest in Crime No.21 of 2026 pending investigation on the file of the respondent police and thus render justice. For Petitioner:
Mr.G Pugazhenthi For Respondent:
Mr.N.Palanivel, Govt.Advocate (Crl.Side)
ORDER
The petitioner apprehends arrest for the alleged offence under Sections 69 of BNS in Crime No.21 of 2026 on the file of the respondent police seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and the de facto complainant were in a consensual relationship. The petitioner had a physical relationship with the de facto complainant on the promise of marriage. Subsequently, the petitioner failed to comply with his promise. Hence, the case.
3. The learned counsel for the petitioner submitted that even according to the prosecution case, the petitioner and the de facto complainant were in consensual relationship and the occurrence took place in the year 2024, whereas FIR has been registered in the year 2026. He further submitted that he is ready to abide by any conditions that may be imposed by this Court and ready to cooperate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and strongly opposed the grant of anticipatory 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 submissions made by the learned counsel on both sides, it is seen that both the
parties are majors who consensually engaged in a relationship knowing its consequences and the present FIR came to be registered only on account of the petitioner's repudiation to marry. In such circumstances, this Court is of the firm view that custodial interrogation of the petitioner is not required.
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-II, Chidambaram, 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, everyday at 10.30 a.m., for a period of two weeks 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.
16-06-2026 SHL To:
1. The Inspector of Police All Women Police Station, Sethiyathope, Cuddalore District.
2. The Public Prosecutor High Court of Madras
3. The Judicial Magistrate-II, Chidambaram
C.KUMARAPPAN J.
SHL 16-06-2026