Crl.O.P.No.13125 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HONOURABLE MR. JUSTICE P. DHANABAL
CRL OP NO.13125 of 2026
Manish Kumar ... Petitioner/ Accused
Vs
The State rep. by,
The Inspector of Police,
Koyambedu Police Station,
Chennai.
(Crime No.172 of 2026) ... Respondent
PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in
Crime No.172 of 2026 on the file of the respondent police.
For Petitioner(s) : Mr. R. Parthiban
For Respondent(s) : Mr. V.J. Priyadarsana
Government Advocate (Crl. Side)
*******
ORDER
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The petitioner, who was arrested and remanded to judicial custody on
09.03.2026 for the offences punishable under Sections 75, 64, 66 and 62 of
BNS in Crime No.172 of 2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner herein had
forcibly restrained the defacto complainant's daughter, who is not in a sound
mental condition and committed penetrative sexual assault on her. Hence the
case.
3. The learned counsel for the petitioner would contend that
petitioner is innocent and he has been falsely implicated in this case. He
further submitted that the petitioner is under judicial custody since
09.03.2026; and that the petitioner is ready and willing to furnish substantial
sureties and to abide by any conditions that may be imposed by this Hon'ble
Court and therefore, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing
for the respondent police while opposing the bail to the petitioner, reiterated
the prosecution case and submitted that the investigation is almost completed
and the petitioner has no previous antecedents.
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5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions made on either side, the
nature of offences charged against the petitioner, the fact that the petitioner
has no previous cases and taking note of the period of incarceration
undergone by the petitioner, this Court is 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) with two sureties each
for a like sum to the satisfaction of the V Metropolitan
Magistrate Court, Egmore 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 offence similar
to the offence of which she is accused, or suspected, or of the
commission of which she is suspected;
[d] the petitioner shall not abscond either during
investigation or trial;
[e] the petitioner shall not directly or indirectly make
any inducement, threat or promise to any person acquainted
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with the facts of the case so as to dissuade her 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 269 B.N.S.2023.
14.05.2026
stn
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
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Court will be watermarked and will also have a
QR code.
To
1. The V Metropolitan Magistrate,
Egmore.
2. The Inspector of Police,
Koyambedu Police Station,
Chennai.
(Crime No.172 of 2026)
3. The Superintendent,
Central Prison, Puzhal.
4. The Public Prosecutor,
High Court of Madras.
P. DHANABAL, J.
stn
https://www.mhc.tn.gov.in/judis
14.05.2026
https://www.mhc.tn.gov.in/judis
