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2026 DAILYLAW 21998 (MAD)

G.Sakthi v. The State Of Tamilnadu Rep By The Inspector Of Police, Awps-Thiruparankundram

CRL OP(MD)/8183/2026 · 2026-04-27

P Dhanabal

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.8183 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27/04/2026 CORAM THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No.8183 of 2026 1. G.Sakthi 2. V.Ganeshan 3. G.Rajavel ... Petitioners/Accused No. 1,2&3 Vs The State of Tamilnadu Rep By, The Inspector of Police, Awps-Thiruparankundram Police Station, Madurai. (Crime No.5 of 2026). ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No.5 of 2026 on the file of the respondent Police. For Petitioners : M/s.N.Shalini Lakshmi, Advocate. For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) ORDER : The Court made the following order :- 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.8183 of 2026 The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 69, 296(b), 351(3) of BNS, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women (Amendment) Act, 2024, in Crime No.5 of 2026 on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that the first petitioner had sexual intercourse with the defacto complainant by giving a false promise that he would marry her. Thereafter, he refused to marry her and abused her in filthy language and also threatened her with dire consequences. Hence, the case. 3. The learned counsel for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they are no way connected in the above said incident. He would further submit that no previous cases is pending against the petitioners. Hence, he prays to grant anticipatory bail to the petitioners. 4. The learned Government Advocate (Crl. Side) would submit that the petitioner had sexual intercourse with the defacto complainant by 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.8183 of 2026 giving a false promise that he would marry her. Thereafter, he refused to marry her and abused her in filthy language and threatened her with dire consequences and the investigation is still pending. Hence, he opposes to grant anticipatory bail to the petitioners. 5. Heard both sides and perused the materials available on record. 6.Considering the gravity of the offence, and the investigation is at initial stage, this Court is declined to grant anticipatory bail to the first petitioner. Hence, this Criminal Original Petition is dismissed as far as the first petitioner is concerned. 7. Considering the rival submissions on either side and the nature of offences charged against the petitioners 2 & 3, and the petitioners 2 & 3 are only the relatives of the first petitioner and the entire allegations are only as against the first petitioner and no previous cases is pending against the petitioners 2 & 3, I am inclined to grant anticipatory bail to the petitioners 2 & 3, subject to the following conditions: 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.8183 of 2026 [a] Accordingly, the petitioners 2 & 3 are ordered to be released on anticipatory 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 Court No.VI, Madurai, and on further conditions that: [b] the petitioners 2 & 3 shall report before the respondent police, every Saturday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the interrogation. [c] the petitioners 2 & 3 shall not commit any offences of similar nature. [d] the petitioners 2 & 3 shall not abscond either during investigation or trial. [e] the petitioners 2 & 3 shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners 2 & 3 in accordance with law as if the conditions have been imposed 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.8183 of 2026 and the petitioners 2 & 3 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. (P D B J) 27.04.2026 dss To 1.The Judicial Magistrate Court No.VI, Madurai. 2.The Inspector of Police, Awps-Thiruparankundram Police Station, Madurai. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.8183 of 2026 P. DHANABAL,J DSS ORDER IN CRL OP(MD) No.8183 of 2026 Date : 27/04/2026 6/6 https://www.mhc.tn.gov.in/judis