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Madras High CourtCRL OP(MD)/7578/2026granted

M.Ganesh Kumar v. The State Of Tamilnadu Rep By The Inspector Of Police, Awps-Tirunelveli

2026-04-20Honourable Mr. Justice P.Dhanabal8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL M.Ganesh Kumar

...Petitioner/Accused No.1

Vs State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station Tirunelveli Town.

(Crime No. 11 of 2026)

...Respondent/Complainant

For Petitioner :Mr.P.Subbiah Advocate.

For Respondent :Mr.B.Nambi Selvan Additional Public Prosecutor For Intervener :Mr.Aayiram K.Selvakumar PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 11 of 2026 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 75, 79 and 239 of BNS, 2023, in Crime No.11 of 2026, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 06.01.2026 at about 11.00 a.m, the petitioner herein called the defacto complainant to his room and he attempted to hold her hand by saying that he like her very much and he would arrange to appoint her as Head Mistress if she adjusts with him and the petitioner gave sexual harassment to the other teachers also on various occasions. Hence, the case.

3.The learned counsel for the petitioner submits that the petitioner is innocent and he 2/8

was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution and the co-accused has already been granted anticipatory bail by this Court. Hence, he prays to grant Anticipatory Bail to the petitioner.

4.The learned counsel appearing for the intervener would submit that apart from the defacto complainant, three other teachers were also sexually harassed by the petitioner. Hence, he opposes to grant anticipatory bail to the petitioner.

5.The learned Additional Public Prosecutor submits that the the investigation is pending and the offence is grave in nature. He would further submit that there is no previous case pending against the petitioner. Hence, he opposes to 3/8

grant anticipatory bail to the petitioner.

6.Heard both sides and perused the materials available on record.

7.Considering the rival submissions on either side and the nature of offences charged against the petitioners, considering the dispute between the parties and there is no previous case against the petitioner and the co-accused has already been granted anticipatory bail by this Court and the material part of the investigation might have been completed and also considering all the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand 4/8

only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Tirunelveli, and on further conditions that:

[b] the petitioner shall report before the respondent police once in a week ie., on Every Saturday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation.

[c] the petitioner shall not commit any offences of similar nature.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during 5/8

investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioners 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)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J) 20.04.2026 vsg 6/8

To 1.The learned Judicial Magistrate No.IV, Tirunelveli.

2.The Inspector of Police, All Women Police Station Tirunelveli Town.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J., vsg

ORDER

IN CRL OP(MD) No. 7578 of 2026 Date : 20.04.2026 8/8