CRL OP No. 4197 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 4197 of 2026 Santhosh ..Petitioner(s) Vs The state rep by, The Inspector of Police, All Women Police Station Redhills, Chennai. Crime No. 65 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on Anticipatory bail in the event of his arrest in Crime No. 65 of 2026 pending investigation on the file of respondent Police and thus render justice. For Petitioner(s): M/S. R Thirumoorthy For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE) Mr.M.Vignesh babu for intervenor ORDER The petitioner apprehends arrest for the alleged offence under Sections 69 and 79 of BNS in Crime No. 65 of 2026 on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 4197 of 2026 __________ Page2 of 6 2. The case of the prosecution is that defacto complainant and the petitioner were known to each other and the accused expressed love towards defacto complainant and assured that he would marry her. Thereafter, the petitioner refused to marry the defacto complainant. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. He also submitted that he is ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that petitioner has no criminal antecedents. However, she opposed to grant anticipatory bail to the petitioners. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. https://www.mhc.tn.gov.in/judis CRL OP No. 4197 of 2026 __________ Page3 of 6 6. Considering the facts and circumstances of the case, taking note of the submissions made by the learned counsel on both sides, the petitioner was charged for the offences under Section 69 and 79 of BNS, 2023. The learned counsel for the petitioner submitted that initially FIR has been registered in Crime No. 15 of 2026 before the Red Hills Police station. Thereafter, the same was transferred to Kanathur Police Station and FIR has been registered as Crime No.65 of 2026. This Court has referred the matter to Mediation Centre for which the defacto complainant appeared before the mediation centre only once which was also reflected in the mediation report. Hence, no agreement could be reached. On perusal of the averments found in the FIR, the physical relationship between the petitioner and the defacto complainant was consensual in nature. The present FIR came to be registered only upon the petitioner refusal to marry the defacto complainant. However, on perusal of the report of the mediation centre, it is seen that defacto complainant has not approached the Mediation Centre. In such view of the position, this Court is of the firm view that custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 7. 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 Judicial Magistrate No.II, Ponneri on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, https://www.mhc.tn.gov.in/judis CRL OP No. 4197 of 2026 __________ Page4 of 6 for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner 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 shall report before the respondent Police, everyday at 10.30 a.m., for a period of 15 days 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 in accordance with law as if the conditions have been imposed and the petitioner 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 thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 15-07-2026 NR https://www.mhc.tn.gov.in/judis CRL OP No. 4197 of 2026 __________ Page5 of 6 To: 1. The Judicial Magistrate No.II, Ponneri 2. The The Inspector of Police, All Women Police Station Redhills, Chennai. 3. The Public Prosecutor High Court of Madras https://www.mhc.tn.gov.in/judis CRL OP No. 4197 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. NR CRL OP No. 4197 of 2026 15-07-2026 https://www.mhc.tn.gov.in/judis