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2026 DAILYLAW 45671 (MAD)

Prakash v. The State rep by The Inspector of Police

CRL OP/17542/2026 · 2026-07-08

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.17542 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.17542 of 2026 Prakash ... Petitioner(s) Vs. The State rep. by The Inspector of Police, W-14, All Women Police Station, Thiruvottiyur. ... Respondent(s) Crime No.17 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.17 of 2026 pending on the file of the respondent police. For Petitioner(s) : Mr.G.Selva Balaji For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 11.06.2026 for the alleged offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.17 of 2026 on the file of the respondent police, seeks bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17542 of 2026 2. It is the case of the prosecution that, on the pretext of marriage, the petitioner had a physical relationship with the defacto complainant and subsequently refused to marry her. Hence, the case. 3. The learned counsel for the petitioner would submit that the defacto complainant is present before this Court and has filed an affidavit stating that the dispute between the petitioner and the defacto complainant has been amicably settled and that they are willing to marry each other. Hence, he prayed for the grant of bail. 4. The learned Government Advocate (Crl. Side) appearing for the respondent, on instructions from the police personnel, identified the defacto complainant present before this Court and did not seriously dispute the grant of bail to the petitioner. 5. Considering the above facts and circumstances, the affidavit filed by the defacto complainant, and the fact that the defacto complainant is present before this Court and has expressed her willingness to marry the petitioner, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17542 of 2026 6. 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, Thiruvottiyur and subject to the following conditions: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [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 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]; 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17542 of 2026 [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 08.07.2026 skr 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. 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17542 of 2026 To 1. The learned Judicial Magistrate, Thiruvottiyur 2. The Superintendent, Central Prison, Puzhal 3. The Inspector of Police, W-14, All Women Police Station, Thiruvottiyur. 4. The Public Prosecutor, High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17542 of 2026 C.KUMARAPPAN,J. skr Crl.O.P.No.17542 of 2026 08.07.2026 6/6 https://www.mhc.tn.gov.in/judis