Citation : 2026 Latest Caselaw 2352 Mad
Judgement Date : 6 May, 2026
CRL OP No. 11909 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
CRL OP No. 11909 of 2026
Dhanasekaran
..Petitioner
Vs
The State rep by
The Inspector of Police,
South Police Station,
Tiruppur.
Crime No.181 of 2026 ..Respondent
Prayer: Criminal Original Petition filed under section 483 of B.N.S.S,2023 to
enlarge the petitioner on bail in Crime No.181 of 2026 on the file of the South
Police Station, Tiruppur, pending investigation on the file of the respondent
police.
For Petitioner: Mr.S.Mageshkumar
For Respondent: Mr.V.J.Priyadarsana
Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
06.04.2026 for the alleged offences under Sections 296(b), 78(2) and 351(3) of
Bharatiya Nyaya Sanhita (BNS), 2023 r/w Section 25(1B)(b) of the Arms Act
and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002,
in Crime No.181 of 2026 on the file of the respondent police, seeks bail.
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2. The case of the prosecution is that the petitioner threatened the victim,
who is a school going girl and her family members armed with weapon to
maintain relationship with him. Hence, the complaint.
3. Learned counsel appearing for the petitioner submitted that the
petitioner is innocent and has been falsely implicated in this case without any
basis. It is submitted that the petitioner is ready to cooperate with the
investigation. The learned counsel would further contend that the petitioner is
ready to abide by any condition that may be imposed on him by this Court.
4. Learned Government Advocate (Criminal Side) appearing for the
respondent police, while opposing the grant of bail to the petitioner, reiterated
the prosecution case and submitted that the petitioner was arrested on
06.04.2026.
5. At this juncture, learned counsel for the petitioner submitted that the
petitioner, without prejudice to his defence and contention, is ready and willing
to deposit an amount of Rs.50,000/- to any association. Hence, he prays for
grant of bail to the petitioner.
6. Heard both sides and perused the materials available on record.
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7. Considering the facts and circumstances of the case, the nature of the
allegations and the submissions made by learned counsel on either side, and
taking note of the period of incarceration undergone by the petitioner as well as
the fact that the petitioner has volunteered to deposit a sum of Rs.50,000/- to the
credit of the 'Tamil Nadu Advocates' Clerks Association, Chennai', this Court is
inclined to grant bail to the petitioner subject to certain conditions.
8. Accordingly, the petitioner shall deposit a sum of Rs.50,000/- (Rupees
Fifty Thousand only) as cost to the Tamil Nadu Advocate Clerk Association,
Chennai, Account No. 484026006, Branch: Indian Bank High Court, IFSC
No.IDIB000M157 and on such deposit, the petitioner is ordered to be released
on bail on his executing 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
learned Judicial Magistrate Court No.II, Tiruppur, and on further conditions
that:
[a] 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 one of the identity proofs to ensure their identity;
[b] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation;
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[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];
[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.
06-05-2026
nvi / kas
Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
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To:
1. The Judicial Magistrate Court No.II Tirupppur.
2. The Superintendent The District Prison Tiruppur.
3. The Inspector of Police South Police Station Tiruppur.
4.The Public Prosecutor High Court of Madras Chennai 600 104
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L.VICTORIA GOWRI, J.
nvi / kas
06-05-2026
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