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2026 DAILYLAW 49218 (MAD)

N Vijayan v. State rep.by its

CRL OP/15448/2026 · 2026-07-06

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 15448 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 15448 of 2026 N Vijayan S/o.Natarajan, 14/85, Gandhi Nagar, Pudupettai road, 8th Street, Tirupathur-635 601. ..Petitioner(s) Vs State rep. by its Inspector of Police, All women police station, Tirupathur district. Cr.No.34/2026. ..Respondent(s) Criminal Original Petition filed under Section 482 of BNSS, praying to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent police in Crime No.34 of 2026 on the file of the Inspector of Police, All women police station, Tirupathur District. For Petitioner(s): M/S. Kumaresan M For Respondent(s): Mr.N.Palanivel, Govt.Advocate (Crl.Side) Mr.R.Parthiban For Intervenor ****** https://www.mhc.tn.gov.in/judis CRL OP No. 15448 of 2026 __________ Page2 of 6 ORDER The petitioner, who apprehends arrest for the alleged offence under Sections 291(2) of BNS 2023 and Sections 7 & 8 of the Protection of Children from sexual offences Act, 2012 in Crime No.34 of 2026 on the file of the respondent police seeks anticipatory bail. 2. The petitioner is the biological father of the victim girl. The case of the prosecution is that the petitioner and his wife, who is the mother of the victim girl, have been experiencing matrimonial discord for the past 14 years. It is further alleged that, taking advantage of the strained relationship between them, the petitioner’s wife instigated the victim to lodge the present complaint. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that according to the averments made in the FIR, the occurrence took place on 01.12.2025, whereas the FIR came to be registered on 30.05.2026. He would further submit that on the date of occurrence, the petitioner was not at all in the scene of occurrence and that the petitioner is ready to abide by any stringent https://www.mhc.tn.gov.in/judis CRL OP No. 15448 of 2026 __________ Page3 of 6 conditions that may be imposed by this Court. Hence, he prayed for the grant of anticipatory bail to the petitioner. 4. The learned Government Advocate (Criminal Side), appearing for the respondent police, while opposing the grant of anticipatory bail, reiterated the prosecution case and fairly submitted that this is a case arising out of a matrimonial dispute. 5. Considering the above facts and circumstances, and upon the fact that the occurrence took place on 01.12.2025 and the FIR came to be registered on 30.05.2026, this Court is of the view that, at this length of time, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned District Sessions Judge, Tirupathur, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for https://www.mhc.tn.gov.in/judis CRL OP No. 15448 of 2026 __________ Page4 of 6 a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner(s) fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) 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 identify proofs to ensure their identity; (c) The petitioner(s) 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; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner(s) in accordance with law as if the conditions have been imposed and the petitioner(s) released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e) If the petitioner(s) thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. https://www.mhc.tn.gov.in/judis CRL OP No. 15448 of 2026 __________ Page5 of 6 7.This Criminal Original Petition is ordered accordingly. 06-07-2026 (2/2) KMI To 1.The District Sessions Court, Tirupathur. 2.The Inspector of Police, All Women Police Station, Tirupathur District. 3.The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis CRL OP No. 15448 of 2026 __________ Page6 of 6 C.KUMARAPPAN ,J. KMI CRL OP No. 15448 of 2026 06.07.2026 (2/2) https://www.mhc.tn.gov.in/judis