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Madras High Court
Deepak vs State Rep By, The Inspector Of Police on 22 May, 2026
CRL OP No. 13519 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CRL OP No. 13519 of 2026
Deepak
..Petitioner/Accused
Vs
State rep by,
The Inspector of Police,
T-4, Maduravoyal Police Station,
Chennai.
(Crime No.393 of 2026).
..Respondent/
Complainant
PRAYER :- Criminal Original Petition filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita (BNSS) Act, 2023, praying to enlarge the petitioner
on pre-arrest in Crime No.393 of 2026 on the file of the Inspector of Police,
T-4, Maduravoyal Police Station, Chennai.
For Petitioner(s): Mr.T. Vinoth Kumar
For Respondent(s): Mr.R.Ganesh Kumar
Counsel for Government of Tamil Nadu (Criminal
Side)
Assisted by Mr.A. Mohammed Imran
ORDER
This Criminal Original Petition has been filed by the petitioner on
14.05.2026 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS)
Act, 2023 praying to grant an order of pre-arrest bail.
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2. The petitioner apprehends arrest at the hands of the respondent Police
for the offences punishable under Section 4 of Tamil Nadu Prohibition of
Harassment of Woman (Amendment) Act, 2002 in Crime No.393 of 2026 on
the file of the respondent police.
3. The case of the prosecution is that on 07.05.2026, the petitioner, along
with his associates, allegedly threatened, harassed and intimidated the defacto
complainant in connection with an earlier criminal complaint. It is alleged that
the petitioner trespassed into the defacto complainant’s residence, caused
damage to household articles, abused her using filthy language, and criminally
intimidated her with dire consequences. The prosecution further alleges that the
petitioner repeatedly contacted the defacto complainant via telephone,
demanded money through Google Pay and continued to threaten her when she
refused to comply with his demands. Hence, this case.
4. Mr.T.Vinoth Kumar, learned counsel appearing for the petitioner
submits that the petitioner is innocent and had not committed any offence as
alleged by the defacto complainant. He further submitted that the petitioner is
ready to produce solvent sureties and to abide with any conditions that may be
imposed by this Hon'ble Court, therefore, he prayed to grant pre-arrest to the
petitioner.
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5. Mr. R. Ganesh Kumar, learned Counsel for Government of Tamil Nadu
(Criminal Side), assisted by Mr.A.Mohammed Imran, appearing for the
respondent State would submit that the petitioner, acting in concert with his
associates, allegedly threatened, harassed and intimidated the defacto
complainant on account of an antecedent criminal complaint. He would further
submit that the petitioner trespassed into the residential precincts of the defacto
complainant, caused malicious damage to household articles, hurled filthy
abuses and criminally intimidated her with dire consequences. It is further
contended that the petitioner persistently contacted the defacto complainant
telephonically, demanded money via Google Pay, and extended continuous
threats upon her refusal to comply with the said demands. However, the learned
Government Advocate, on instructions, fairly concedes that there are no adverse
criminal antecedents pending against the petitioner.
6. Heard both sides. This Court has perused the FIR.
7. In view of the facts and circumstances of the case and that there is no
previous case against the petitioner, this Court is of the considered view that the
custodial interrogation of the petitioner is not required to the investigating
Agency. Hence, this Court is inclined to grant an order of pre-arrest bail to the
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petitioner subject to the following conditions:-
(i) The petitioner shall be released on bail in the event of his arrest or in
the event of his surrender before the learned Judicial Magistrate,
Poonamallee, Chennai, within a period of 15 days from the date on which the
order copy is made ready, on executing a bond for a sum of Rs.10,000/-
(Rupees Ten Thousand only) along with two sureties each for a like sum of
Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the Judicial
Magistrate, Poonamallee, Chennai;
(ii) The sureties shall affix their photographs and left thumb impression
in the Application for Suretyship [Judicial Form No.46 annexed to 'The
Criminal Rules of Practice, 2019]. The learned Judicial Magistrate,
Poonamallee, Chennai shall obtain a copy of any one of their identity proofs to
ensure their identity;
(iii) The petitioner shall appear and sign before the respondent
Police, daily at 10.00 a.m, until further orders;
(iv) The petitioner shall send Rs.5,000/- (Rupees Five Thousand only)
to the defacto complainant through Google Pay within ten working days
from the receipt of this bail order.
(v) The petitioner / accused shall not enter the area within 500 meters of
the victim, her residence and her workplace;
(vi) The petitioner shall make himself available for interrogation by
police as and when required;
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(vii) 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;
(viii) The petitioner shall not, directly or indirectly, cause any threat to
the defacto complainant and witnesses and shall not tamper the evidence;
(ix) The petitioner shall not leave India without the prior permission of
the trial Court; and
(x) On breach of any of the aforementioned conditions, the Judicial
Magistrate, Poonamallee, Chennai is entitled to pass appropriate orders against
the petitioner in accordance with law as if the aforementioned conditions are
imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs.
State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the
conditions stated supra.
22-05-2026
gbi/klt
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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 official website of this
Court will be watermarked and will
also have a QR code.
To
1. The Judicial Magistrate in Poonamalle, Chennai.
2. The Inspector of Police,
T-4, Maduravoyal Police Station,
Chennai.
3.The Public Prosecutor,
High Court of Madras.
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R.SAKTHIVEL, J.
gbi
22-05-2026
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