Thinagaran Selvam v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.35669 of 2025 Thinagaran Selvam ... Petitioner Vs.

The State represented by Inspector of Police, AWPS-Chidambaram Police Station, Cuddalore District.

.. Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of arrest by the respondent police in connection with Cr.No.47 of 2025 pending investigation on the file of the respondent police. For Petitioner : Mrs.G.Kannagi For Respondent : Ms.J.R.Archana

ORDER

The petitioner apprehends arrest for the alleged offence under Section 69 of BNS, 2023 in Cr.No.47 of 2025 on the file of the respondent police. seeks anticipatory bail.

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2. The case of the prosecution is that the petitioner herein made a promise to marry the victim girl and had sexual relationship, following which, she became pregnant. When the victim girl, asked about the marriage, the petitioner refused marry her. Hence, the complaint has been lodged against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. He further submitted that the petitioner has no physical relationship with the defacto complainant as alleged by the prosecution and he is ready and cooperate with the investigation and prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the victim girl became pregnant. Hence, she opposed the grant of anticipatory bail to the petitioner.

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5. I have gone through the FIR and connected materials revealed that both the petitioner and the victim girl have lived together for some period and thereafter, she became pregnant and also considering the aged victim, I am of the view that the custodial interrogation of the petitioner for investigating the case of this nature is not necessary. Hence, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned Judicial Magistrate Court-I, Attur 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 learned Magistrate concerned, and on further condition that:

(a) If the petitioner fails to surrender before the concerned 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 3/6

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 three weeks and thereafter, as and when required for interrogation; (d) The petitioner shall cooperate fully with the investigation, including submitting himself to any medical examination as and when required by the Investigating Officer;

(e) The petitioner shall not tamper with evidence or witness either during investigation or trial; (f) The petitioner shall not abscond either during investigation or trial:

(g) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; (h)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

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To

1. The Judicial Magistrate Court-I, Attur 2.The Inspector of Police, AWPS-Chidambaram Police Station, Cuddalore District.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.35669 of 2025 09.01.2026 6/6