← Library
Madras High CourtCRL OP(MD)/8985/2026granted

Rajesh Kanna v. The State Of Tamilnadu Rep.By

2026-06-09Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/06/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Rajesh Kanna ... Petitioner/Sole Accused Vs The State of Tamilnadu Rep. By, The Inspector of Police, All Women Police Station, Puliyangudi, Kadayanallur Taluk, Tenkasi District.

(Cr.No.6/2026). ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No.6 of 2026 on the file of the respondent police For Petitioner : M/s Anand R, Advocate.

For Respondent : Mr.N.Balasubramanian, Government Advocate (Crl.Side) ORDER : The Court made the following order :- 1/6

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 69 & 115(2) of BNS, 2023, in Crime No.6 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is aged about 26 years and the defacto complainant is aged about 29 years. On 01.12.2025, at about 11.00 am, the petitioner had sexual intercourse with the defacto complainant by giving a false promise that he would marry her. Thereafter, he refused to marry her. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he was falsely implicated in this case and he has no way connected in the above said incident. He would further submit that there is a delay in registration of FIR and there is no reason for delay. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would submit that the offence committed by the petitioner is grave in nature and the 2/6

investigation is still pending. Hence, he opposes to grant anticipatory bail to the petitioner. He would further submit that statement of the victim was already recorded and medical examination was also conducted.

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

6. Considering the rival submissions on either side and the nature of offences charged against the petitioner, and taking into account of the age of the victim as well as the petitioner and already statement of the victim was recorded under Section 183 of BNSS, 2023 and earlier the petitioner was not co-operate for medical examination and now, medical examination was also conducted and the alleged occurrence was took place on 01.12.2025 and FIR has been registered very belatedly on 19.02.2026, 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 bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate 3/6

Court, Sivakiri, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further conditions that:

[b] the petitioner shall report before the respondent police, daily at 10.30 a.m until further orders. [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 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 petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in 4/6

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.

09.06.2026 dss To 1.The Judicial Magistrate Court, Sivakiri.

2.The Inspector of Police, All Women Police Station, Puliyangudi, Kadayanallur Taluk, Tenkasi District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

P. DHANABAL,J DSS

ORDER

IN CRL OP(MD) No.8985 of 2026 Date : 09/06/2026 6/6