Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 24975 (MAD)

Vellaisamy v. The State rep.by

CRL OP/12774/2026 · 2026-05-14

P Dhanabal

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 12774 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-05-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL CRL OP No. 12774 of 2026 Vellaisamy ..Petitioner(s) Vs The State rep. by The Inspector of Police, KVR Nagar All Women Police Station, Tiruppur City. (Cr.No.05 of 2026) ..Respondent(s) Prayer: This Criminal Original Petition is filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.05 of 2026 on the file of the respondent police and thus render justice. For Petitioner(s): Mr.J.Franklin For Respondent(s): Mr.R.Vinothraja, Government Advocate (Crl. Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 14.03.2026 for the offences punishable under Sections 63, 64, 75, 76, 351(2) of BNS in Cr. No.05 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the petitioner being a Manager, had allegedly blackmailed the defacto complainant and had sexual intercourse with https://www.mhc.tn.gov.in/judis CRL OP No. 12774 of 2026 __________ Page2 of 6 her on several occasions and thereafter she found that she was pregnant. Hence, the case was registered. 3. The learned counsel for the petitioner submitted that the respondent police have registered a false case against the petitioner. The petitioner is under judicial custody since 14.03.2026. He further submitted that the date of occurrence as per prosecution case is 24.05.2025, however, the FIR has been registered only on 13.03.2026. He would also submit that there is no previous case pending as against the petitioner. Therefore, he prayed to grant bail to the petitioner. 4. The learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that there is no previous case pending as against the petitioner. However, he vehemently opposed the grant of bail to the petitioner. 5. Heard both sides and perused the materials available on record. 6. Considering the rival submissions made on either side, the nature of the offences alleged against the accused, and that though the occurrence took place on several days since 25.05.2025 to 01.11.2025, the FIR has been registered only on 13.03.2026, and taking into account that there are no https://www.mhc.tn.gov.in/judis CRL OP No. 12774 of 2026 __________ Page3 of 6 previous cases pending as against the petitioner, and considering the period of judicial custody undergone by him, 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 learned Additional Mahila Court, Tiruppur 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 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 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 https://www.mhc.tn.gov.in/judis CRL OP No. 12774 of 2026 __________ Page4 of 6 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 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No TSG 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 CRL OP No. 12774 of 2026 __________ Page5 of 6 To 1. The Inspector of Police, KVR Nagar All Women Police Station, Tiruppur City. (Cr.No.05 of 2026) 2. The Additional Mahila Court, Tiruppur. 3. The Public Prosecutor, High Court, Madras. 4.The Superintendent, District Prison, Tiruppur. https://www.mhc.tn.gov.in/judis CRL OP No. 12774 of 2026 __________ Page6 of 6 P.DHANABAL, J. TSG CRL OP No. 12774 of 2026 14-05-2026 https://www.mhc.tn.gov.in/judis