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2026 DAILYLAW 51549 (MAD)

Prabu v. State rep by, The Inspector of Police,

CRL OP/18715/2026 · 2026-07-16

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.18715 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.18715 of 2026 Prabu ... Petitioner Vs. The State Represented by, The Inspector of Police, W-35, All Women Police Station, Koyambedu, Chennai District. (Crime No.16 of 2026) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in connection with Crime No.16 of 2026 on the file of respondent Police. For Petitioner : Mr.C.Arivazhagan For Respondent : Mr.N.Palanivel, Government Advocate (Crl.Side) O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 74, 75, 79, 329(3) and 351(3) of BNS, 2023, r/w Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.16 of 2026, on the file of the respondent Police, seeks anticipatory bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18715 of 2026 2. The case of the prosecution is that, owing to a dispute between the landlord and tenant regarding the payment of rent, the petitioner criminally trespassed into the de-facto complainant’s premises and misbehaved with the de-facto complainant. Hence, the case. 3. The learned counsel for the petitioner submitted that there was a landlord-tenant dispute and a false complaint has been registered against him. He further submitted that though the occurrence took place on 03.07.2026, the FIR came to be registered only on 10.07.2026. Hence, he prayed for the grant of anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl. Side) appearing for the respondent police opposed the grant of anticipatory bail and submitted that this is a case of harassment of a woman and outraging the modesty of a woman. He further submitted that the petitioner has no previous case. 5. Taking into consideration the totality of the circumstances, including the fact that the occurrence took place on 03.07.2026 and there was an inordinate delay in the registration of the FIR, this Court is of the firm view that, at this length of time, custodial interrogation of the petitioner is not 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18715 of 2026 required for the purpose of investigation. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions: 6. Accordingly, the petitioner is ordered to be released on anticipatory 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 V Metropolitan Magistrate, Egmore, Chennai, 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 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 daily at 10.30 a.m. for a period of three weeks; 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18715 of 2026 (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. 16.07.2026 cda 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18715 of 2026 To 1.The V Metropolitan Magistrate, Egmore, Chennai. 2.The Inspector of Police, W-35, All Women Police Station, Koyambedu, Chennai District. 3.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18715 of 2026 C.KUMARAPPAN, J. cda Crl.O.P.No.18715 of 2026 16.07.2026 6/6 https://www.mhc.tn.gov.in/judis