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2026 DAILYLAW 45924 (MAD)

Antro Jenish @ Anto v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Marthandam

CRL OP(MD)/13458/2026 · 2026-07-07

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD)No.13458 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.07.2026 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No. 13458 of 2026 Antro Jenish @ Anto ...Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, AWPS - Marthandam, Kanniyakumari District. (Crime No.36 of 2026) ...Respondent/Complainant For Petitioner : Mr.S.Sivakumar 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. 36 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 64(2), 62, 75(1), 76, 351(2) of BNS, in Crime No.36 of 2026 on the file of the respondent 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13458 of 2026 police, seeks bail. 2. The case of the prosecution is that the petitioner herein was working along with victim aged about 20 years and taking advantage of their loneliness, the petitioner has forcibly committed rape on her and hence, the complaint was lodged. The petitioner was arrested and in custody. 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 relationship between the petitioner and the defacto complainant is consensual relationship. Due to sudden quarrel between them this present false case has been foisted against him. He would further submitted that the petitioner was arrested on 22.06.2026 and he is ready to co-operate with the investigation. Hence, he prayed bail for the petitioner. 4. The learned Counsel appearing for the State reiterated the prosecution case and reported that the petitioner has no previous case. Investigation in this case is still pending and it is the case of rape committed on the co-worker, taking advantage of his official position. He has also produced the copy of the 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13458 of 2026 remand report and the statement of the victim girl along with medical certificate after examination of the victim. He opposed the grant of bail to the petitioner. 5. This Court heard both sides and perused the materials available on record. 6. Considering the facts and circumstances of the case, considering the nature of offence, perusal of the documents including the medical report reveals that the victim has not come forward to subject herself for medical examination or forensic examination, since the medical examination report shows that she was not co-operated for medical examination and wound certificate was also issued, considering the above said factual circumstances and also considering the period of incarceration, 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 No.II, Padmanabhapuram, and on further conditions that: [b] the petitioner shall stay at Tirunelveli and report before 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13458 of 2026 the learned Judicial Magistrate No.I, Tirunelveli, 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 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]. 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13458 of 2026 [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. (K R S J) 07.07.2026 TM To 1.The Judicial Magistrate No.II, Padmanabhapuram. 2.The Judicial Magistrate No.I, Tirunelveli. 3.The Inspector of Police, AWPS - Marthandam, Kanniyakumari District. (Crime No.36 of 2026) 4.The Superintendent, District Jail, Nagercoil. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13458 of 2026 K. RAJASEKAR, J. TM ORDER IN CRL OP(MD) No. 13458 of 2026 Date : 07.07.2026 6/6 https://www.mhc.tn.gov.in/judis