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Madras High CourtCRL OP(MD)/10108/2026granted

M Sundar v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Thiruchendur

2026-06-04Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL

1. M.Sundar

2. T.Ranjith

...Petitioners/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station, Tiruchendur, Thoothukudi District (Crime No.19 of 2026)

...Respondent

For Petitioners : Mr.S.Suresh Manickam For Respondent : Mr.N.Balasubramanian Counsel for State of Tamil Nadu(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.19 of 2026 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners/A1 and A2, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 69, 296(b) and 351(3) of BNS in Crime No.19 of 2026 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners exploited the defacto complainant by making a false promise of marriage. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and a false case has been foisted against them. The petitioners have nothing to do with the alleged crime. He would further submit that the first petitioner's marriage had already been arranged and date has been fixed as 27.05.2026 and thereafter with a malafide intention the petitioner has lodged this false complaint. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate appearing for the respondent would submit that petitioners exploited the defacto complainant by making 2/6

a false promise of marriage and the investigation is pending, hence he opposed to grant anticipatory bail to the petitioners.

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

6. Considering the rival submissions on either side and the nature of offences and the relationship between the parties and even according to the case of prosecution the alleged occurrence took place on 14.11.2025 and the First Information Report has been registered only 21.05.2026 and there is a delay in registering the First Information Report and considering the fact that marriage for the first petitioner was fixed on 27.05.2026 and after fixing the marriage this complaint has been lodged belatedly and also considering the fact that no specific overt act has been attributed as against the second petitioner and also the fact that no previous case is pending as against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Tiruchendur on 3/6

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

[b] the petitioners shall report before the respondent police, daily at 10.00 a.m. until further orders. [c] the petitioners shall not commit any offences of similar nature.

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

[e] the petitioners 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 petitioners 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].

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

(P D B J) 04.06.2026 aav To 1.The Judicial Magistrate, Tiruchendur 2.The Inspector of Police, All Women Police Station, Tiruchendur, Thoothukudi District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J aav

ORDER

IN CRL OP(MD) No. 10108 of 2026 Date : 04.06.2026 6/6