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Madras High Court
Thulasiraman vs State Rep By The Inspector Of Police on 13 May, 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 13.05.2026
CORAM
THE HONOURABLE MR.JUSTICE.P.DHANABAL
CRL.O.P.No.12411 of 2026
Thulasiraman ..Petitioner
Vs
The State represented by:
The Inspector of Police,
All Women Police Station,
Gummidipoondi Police Station,
Thiruvallur District.
(Cr.No.4 of 2026) .... Respondent
PRAYER: - The Criminal Original Petition is filed under Section 483 of
B.N.S.S., Act, 2023, praying to grant bail to the petitioner in Cr.No.4 of
2026 on the file of the respondent police.
For Petitioner : Mr.P.Chandrasekar
For Respondent : Mr.Vinothraja, Govt. Advocate (Crl.Side)
ORDER
The petitioner, who was arrested on 12.03.2026 and remanded to
judicial custody on the same day for the offences punishable under
Sections 70(1), 74 and 87 of B.N.S. in Cr. No.4 of 2026 on the file of the
respondent police seeks bail.
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2. The case of the prosecution is that the defacto complainant is
running a petty shop. On 11.03.2026 at about 10.00 p.m. the petitioner
along with other accused asked for beedi and the defacto complainant
told them that she is not selling the same and hence the accused persons
had quarrel and forcibly taken her to nearby lakeside and committed
sexual assault on her. Hence the case.
3. The learned counsel for the petitioner would contend that the
respondent police have registered a false case against the petitioner and
he is an innocent person and he has not committed any offence as alleged
by the prosecution. He would further submit that the petitioner is in
judicial custody from 12.03.2026. Hence he prayed that the petitioner
may be released on bail.
4. The learned Government Advocate (Criminal Side) would
submit that offences are grave in nature, however there is no injury
sustained by the defacto complainant. In this case investigation completed
and Final Report has also been filed. He would further submit that there is
no previous case pending against the petitioner.
5. Heard both sides and perused the materials available on
record.
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6. Considering the rival submissions on either side, nature of
offences and the fact that no previous case is pending against the
petitioner and also investigation completed and Final Report has also
been filed and the period of incarceration undergone by the petitioner, I
am inclined to grant bail to the petitioner subject to the following
conditions:
[a] Accordingly, the petitioner is ordered to be released on bail on
condition to 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 Judicial Magistrate, Gumudipoondi, and on further
conditions that:
[b] the petitioner shall report before the Jurisdictional
Magistrate daily at 10.30 a.m. until further orders.
[c] the petitioner shall not commit any offence similar to the
offence of which he is accused, or suspected, or of the commission of
which he is suspected;
[d] the petitioner shall not abscond either during investigation or
trial;
[e] the petitioner shall not directly or indirectly make any
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inducement, threat or promise to any person acquainted with the facts of
the case so as to dissuade him from disclosing such facts to the Court or
to any police officer or tamper with the evidence;
[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 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 229A IPC.
13.05.2026
Speaking/Non Speaking order
kmm
https://www.mhc.tn.gov.in/judis
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.
To
1. The Inspector of Police,
All Women Police Station,
Gummidipoondi Police Station,
Thiruvallur District.
2. The Judicial Magistrate, Gumudipoondi.
3. The Public Prosecutor, Madras High Court.
Copy to:
The Superintendent of Prison, Central Prison, Puzhal.
https://www.mhc.tn.gov.in/judis
P.DHANABAL,J
kmm
13.05.2026
https://www.mhc.tn.gov.in/judis
