[Cites 2, Cited by 0]
Madras High Court
M.Ajay vs The State Rep By, The Inspector Of Police on 14 May, 2026
Crl.O.P.No.12603 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.05.2026
CORAM
THE HONOURABLE MR.JUSTICE P.DHANABAL
Crl.O.P.No.12603 of 2026
M.Ajay ...Petitioner
Vs.
State rep. by,
The Inspector of Police,
J1-Saidapet Police Station,
Chennai.
Crime No.151 of 2026. ...Respondent
Criminal Original Petition filed under Section 483 of BNSS,
seeking to enlarge the petitioner on bail in Crime No.151 of 2026,
pending on the file of the respondent police.
For Petitioner : Mr.N.Naresh
For Respondent : Mr.V.J.Priyadarsana
Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody
on 29.03.2026 for the offences punishable under Sections 126(2), 74,
75(2), 351(2) of BNS, 2023, and Section 4 of TNPHW Act, in Crime
No.151 of 2026, on the file of the respondent police, seeks bail.
https://www.mhc.tn.gov.in/judis
2. The case of the prosecution is that the defacto complainant who
is working in a private firm, went to the 3rd floor of her office premises
for taking lunch and at that time, the petitioner came there and hugged her
behind her back and forced her to give a kiss under the threat of slitting
her throat. When she tried to escape, he pushed her down and on raising
alarm, he escaped from the place, thereby, she sustained injury. Hence,
the case.
3. Learned counsel for the petitioner submitted that the petitioner is
innocent and he has been falsely implicated in this case and that, he is in
custody since 29.03.2026. He further submits that the petitioner has no
previous cases pending against him. He further submitted that the
petitioner is ready to abide by any stringent conditions that may be
imposed by this Court and also undertakes not to tamper with the
witnesses. Hence, he prayed that the petitioner may be released on bail.
4. Learned Government Advocate (Crl.Side) appearing for the
respondent reiterated the prosecution case and submitted that though
there are no previous cases pending against the petitioner, the offences
committed by the accused are of heinous in nature. Hence, he strongly
opposed to grant bail to the petitioner.
https://www.mhc.tn.gov.in/judis
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions made by the learned counsel
on either side, nature of offences and also taking note of the fact that
there are no previous cases pending against the petitioner 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) with two sureties each for a like
sum to the satisfaction of the learned IX Metropolitan
Magistrate Court at Saidapet, Chennai and on further
conditions that:
[b] the petitioner shall report before the respondent
Polices everyday at 10.30 a.m., until further orders;
[c] the petitioner shall not commit any offence similar to
the offence of which he is an 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 inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade them from
disclosing such facts to the Court or to any police officer or
tamper with the evidence;
https://www.mhc.tn.gov.in/judis
[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 of B.N.S.
14.05.2026
rap
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.
https://www.mhc.tn.gov.in/judis
To:
1. The IX Metropolitan Magistrate Court at Saidapet, Chennai.
2. The Superintendent,
Central Prison at Puzhal, Chennai.
3. The Inspector of Police,
J1-Saidapet Police Station,
Chennai.
4. The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
P.DHANABAL, J.
rap
14.05.2026
https://www.mhc.tn.gov.in/judis
