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Madras High CourtCRL OP(MD)/11283/2026granted

Raj Kumar v. State Of Tamilnadu Rep By Inspector Of Police, Awps - Periyakulam

2026-06-16Honourable Mr. Justice P.Dhanabal7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL M.Raj Kumar ... petitioner/A1 Vs The State of Tamilnadu Rep BY, The Inspector of Police, All Women Police Station, Periyakulam, Theni District.

(Crime No.18 of 2026).

... Respondent/Complainant For petitioner : Mr.S.Ramesh Babu For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.392 of BNSS PRAYER :- C-33AB. For Anticipatory Bail in Crime No.

18 of 2026 on the file of the respondent Police. 1/7

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 69 and 351(2) of BNS, 2023, in Crime No.18 of 2026 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioner and the defacto complainant loved each other. The petitioner, by making false marriage promise, sexually assaulted the defacto complainant. However, on the instigation of his parents, the petitioner married some other girl. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he was falsely implicated in this case and he is no way connected in the above said 2/7

incident. He would further submit that the coaccused were already granted anticipatory bail by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Counsel for State of TN (Crl.

Side) appearing for the respondent Police would submit that the investigation is pending and the offences are grave in nature and the petitioner has no previous cases. Hence, he opposes to grant anticipatory bail to the petitioner.

5.This Court heard both sides and perused the materials available on record, including the statement of the victim recorded under Section 183 of BNSS, 2023.

6. Considering the rival submissions on either side and the nature of offences charged against the petitioner and and considering the 3/7

facts that the statement of the victim was recorded under Section 183 of BNSS, 2023 and the alleged occurrence took place on 20.05.2024, however the date of FIR is on 18.04.2026 and hence, there is a delay in filing FIR and the petitioner has no previous cases and the coaccused were already granted anticipatory bail by this Court, 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 learned Judicial Magistrate, Periyakulam, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like 4/7

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 5/7

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) 16.06.2026 vsg TO 1.The learned Judicial Magistrate, Periyakulam. 2.The Inspector of Police, All Women Police Station, Periyakulam, Theni District.

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

6/7

P. DHANABAL,J., vsg

ORDER

IN CRL OP(MD) No.11283 of 2026 Date : 16/06/2026 7/7