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2026 DAILYLAW 45237 (MAD)

Kumarasami v. The State of Tamilnadu

CRL OP(MD)/13416/2026 · 2026-07-06

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD)No.13416 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.07.2026 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No. 13416 of 2026 Kumarasami ...Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, AWPS Nanguneri Police Station, Tirunelveli District. (Crime No.30 of 2026) ...Respondent/Complainant For Petitioner : Mr.U.Parivendan for Mr.C.Venkatesh Advocate For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 30 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 22.06.2026, for the offences punishable under Section 75(2) of BNS, in Crime No.30 of 2026 on the file of the respondent police, seeks bail. 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13416 of 2026 2. The case of the prosecution is that the petitioner while working as Bus Conductor has inappropriately touched the victim girl in her private parts, repeatedly, which resulted in lodging the complaint. Hence, the case. 3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 22.06.2026 and ready to abide any condition imposed by this Court. The petitioner has no previous case. The alleged occurrence was taken place due to heavy crowd, which is not an intentional act. Hence, he prayed bail for the petitioner. 4. The learned Counsel appearing for the State reiterated the prosecution case and reported that the investigation in this case is still pending. The petitioner was arrested only recently. He opposed the grant of bail to the petitioner. 5. This Court heard both sides and perused the materials available on record. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13416 of 2026 6. Considering the facts and circumstances of the case and nature of offences, the petitioner has no previous case, and also considering the period of incarceration and I am inclined to grant bail to the petitioner subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Nanguneri, and on further conditions that: [b] the petitioner shall report before the jurisdictional Court, daily at 10.30 a.m., on all working days, for a period of four weeks, thereafter as and when required for interrogation; [c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she 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 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13416 of 2026 of the case so as to dissuade her 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 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 51730]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. (K R S J) 06.07.2026 TM To 1.The Judicial Magistrate, Nanguneri. 2.The Inspector of Police, AWPS Nanguneri Police Station, Tirunelveli District. (Crime No.30 of 2026) 3.The Superintendent, Central Prison, Palayamkottai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13416 of 2026 K. RAJASEKAR, J. TM ORDER IN CRL OP(MD) No. 13416 of 2026 Date : 06.07.2026 5/5 https://www.mhc.tn.gov.in/judis