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2026 DAILYLAW 49595 (MAD)

Karthick @ Karthik Mahalingam v. The State Of Tamilnadu rep by The Inspector of Police,

CRL OP(MD)/14151/2026 · 2026-07-14

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.14151 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/07/2026 PRESENT The HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No.14151 of 2026 Karthick @ Karthik Mahalingam, S/o. Mahalingam, Ambedhakar Nagar, Varusanadu Post, Audipatti Taluk, Theni District.. ... Petitioner/Accused Vs The State of Tamilnadu Rep By, The Inspector of Police, Varasanadu Police Station, Theni District. (Crime No. 128/2026). ... Respondent/Complainant For Petitioner : Mr.Kannan Gurusami, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-33 B For Bail in crime no 128/2026 on the file of the Respondent 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14151 of 2026 Police ORDER : The Court made the following order :- The petitioner /Accused, who was arrested and remanded to judicial custody on 29.06.2026, for the offences punishable under Sections 296(b), 324(4), 351(2) and 75 of BNS, 2023 and Section 4 of TNPHW Act, in Crime No.128 of 2026 on the file of the respondent police, seeks bail. 2. The allegation against the petitioner is that the petitioner herein is the relative of the defacto complainant and the petitioner has attempted to outrage her modesty and molested her. Hence, the case was registered and he has been arrested. 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. The petitioner has no previous case. He is in custody from 29.06.2026 and ready to abide any condition imposed by this Court. Hence, he prayed 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14151 of 2026 bail for the petitioner. 4. The learned Counsel for the State of TN (Crl. Side) appearing for the respondent Police reiterated the prosecution case and reported that the petitioner has no previous cases. Investigation is still pending. Hence, 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 and also the fact that the petitioner has no previous cases 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, Aundipatti, and on further conditions that: 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14151 of 2026 [b] the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of two 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. 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14151 of 2026 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) 14.07.2026 VSG TO 1.The learned Judicial Magistrate, Aundipatti. 2. The Superintendent, District Prison, Theni. 3.The Inspector of Police, Varasanadu Police Station, Theni District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14151 of 2026 K. RAJASEKAR,J., vsg ORDER IN CRL OP(MD) No.14151 of 2026 Date : 14/07/2026 6/6 https://www.mhc.tn.gov.in/judis