Rajkumar @ Rajakumar v. The State Rep.By Its,The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Rajkumar @ Rajakumar ..Petitioner Vs The State Rep.by its, The Inspector of Police, Marakkanam, Villupuram District.
Cr.No.158 of 2026.
..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail and release his in Cr.No.158 of 2026 on the file of respondent Police. For Petitioner:
Mr.G.Tamilselvan For Respondent:
Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 06.05.2026 for the alleged offence under Section 296(b), 351(2), 74 of BNS Act and 75 of BNS Act r/w. Sec.4 of TNPHW Act in Crime No.158 of 2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner allegedly misbehaved and abused the mother of the de facto complainant in filthy language. Hence, the 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 submitted that the petitioner disrobed the victim who is aged about 70 years. He further submitted the petitioner has no previous case pending against him. However, he 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 seen that the petitioner has a clean record and does not have any criminal antecedents.
Hence, considering the fact of his long incarceration since 06.05.2026, and upon the further fact that no one got injured in the occurrence, this Court is inclined to grant bail to the petitioner 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 Judicial Magistrate II, Tindivanam, 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 report before the respondent police daily at 10.30 a.m., 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.
25-06-2026 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 Judicial Magistrate II, Tindivanam
2. The Inspector of Police, Marakkanam, Villupuram District.
3. The Sub Jail Tindivanam
4. The Public Prosecutor High Court of Madras
C.KUMARAPPAN J.
SHL 25-06-2026