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2026 DAILYLAW 34641 (MAD)

Kajahsherif v. State Of Tamilnadu Rep By Inspector Of Police, Sankarankoil Town

CRL OP(MD)/10267/2026 · 2026-06-09

P Dhanabal

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.10267 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/06/2026 CORAM THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No.10267 of 2026 Kajahsherif ... Petitioner/Accused Rank Not Known Vs State of Tamilnadu Rep by, The Inspector of Police, Sankarankoil Town, Sankaran Kovil Town Police Station, Sankarankovil, Tenkasi District. (Crime No. 0297 of 2026). ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No. 0297 of 2026 on the file of the respondent police. For Petitioner : A.D.Ganeshamoorthi, Advocate. For Respondent : Mr.N.Balasubramanian, Government Advocate (Crl.Side) ORDER : The Court made the following order :- 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.10267 of 2026 The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 126(2), 296(b), 351(3) and 74 of BNS, 2023, in Crime No.0297 of 2026 on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that on 28.05.2026, the petitioner and another accused illegally detained the defacto complainant with an intention to outrage her modesty and also abused her in filthy language and threatened her with dire consequences. Hence, the case. 3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he was falsely implicated in this case and he has no way connected in the above said incident. He would further submit that the co-accused (A2) was already released on bail by the trail Court. Hence, he prays to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl. Side) would submit that the petitioner and another accused illegally detained the defacto 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.10267 of 2026 complainant with an intention to outrage her modesty and also abused her in filthy language and threatened her with dire consequences and the offence is grave in nature and the investigation is still pending and the petitioner has 1 previous case. Hence, he strongly opposed to grant anticipatory bail to the petitioner. He would further submit that the co- accused was already released on bail. 5. Heard both sides and perused the materials available on record. 6. Considering the rival submissions on either side and the nature of offences charged against the petitioner, and the co-accused was already released on bail and though the petitioner has 1 previous case, in that case, he was released on bail, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Sankarankovil, Tenkasi District, on condition 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.10267 of 2026 that the petitioner shall 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 Judicial Magistrate concerned and on further conditions that: [b] the petitioner shall report before the Palayamkottai Police Station daily at 10.30 a.m until further orders. [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner 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 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 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.10267 of 2026 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. 09.06.2026 dss To 1.The Judicial Magistrate, Sankarankovil, Tenkasi District. 2.Sankarankoil Town, Sankaran Kovil Town Police Station, Sankarankovil, Tenkasi District. 3.The Inspector of Police, Palayamkottai Police Station, Tirunelveli District. 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.10267 of 2026 P. DHANABAL,J DSS ORDER IN CRL OP(MD) No.10267 of 2026 Date : 09/06/2026 6/6 https://www.mhc.tn.gov.in/judis