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2026 DAILYLAW 45377 (MAD)

Karthick v. State rep by The Inspector of Police

CRL OP/17211/2026 · 2026-07-07

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.17211 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.17211 of 2026 Karthick ... Petitioner(s) Vs. The State rep. by The Inspector of Police, All Women Police Station – Chengalpattu, Chengalpattu District. ... Respondent(s) Crime No.8 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.8 of 2026 pending on the file of the respondent police. For Petitioner(s) : Mr.A.Sundara Vadhanan For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 10.05.2026 for the alleged offences under Sections 64, 75 and 351(3) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.8 of 2026 on the file of the respondent police, seeks bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17211 of 2026 2. It is the case of the prosecution that the petitioner, who is working as a Chef in a private college, had misbehaved with two victim girls. Hence, the case. 3. The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner is a responsible person in the college and was about to represent the institution in an international competition abroad. According to the learned counsel, since the petitioner had rejected the candidature of the victim girls, they have falsely implicated him in the present case. He would further submit that though the alleged occurrence took place on 10.12.2025, the First Information Report came to be registered only on 10.05.2026. Hence, he prayed for the grant of bail. 4. The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that the petitioner has no bad antecedents and that a major portion of the investigation has already been completed. He has also produced a copy of the statements of the victim girls recorded under Section 183 of BNSS. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17211 of 2026 5. On a perusal of the statements of the victim girls recorded under Section 183 of BNSS, it is seen that the first victim has not made any allegation attracting the ingredients of Section 64 of the Bharatiya Nyaya Sanhita, 2023. However, the second victim has made certain allegations attracting the said provision. 6. Hence, considering the totality of the circumstances, the period of incarceration undergone by the petitioner, the fact that the petitioner has no bad antecedents, the fact that a major portion of the investigation has already been completed, the fact that there is a delay in registration of the First Information Report, and also the fact that, as seen from the statements recorded under Section 183 of BNSS, the first victim has not made any allegation attracting the ingredients of Section 64 of the Bharatiya Nyaya Sanhita, 2023, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate-II, Chengalpattu and subject to the following conditions: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17211 of 2026 [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police everyday at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 07.07.2026 skr 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17211 of 2026 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. To 1. The learned Judicial Magistrate-II, Chengalpattu 2. The Superintendent, Sub Jail, Chengalpattu 3. The Inspector of Police, All Women Police Station – Chengalpattu 4. The Public Prosecutor, High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17211 of 2026 C.KUMARAPPAN,J. skr Crl.O.P.No.17211 of 2026 07.07.2026 6/6 https://www.mhc.tn.gov.in/judis