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2026 DAILYLAW 52286 (MAD)

Selvam v. The State Rep by The Inspector of Police

CRL OP/19071/2026 · 2026-07-20

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.19071 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.19071 of 2026 1.Selvam 2.Venkatesan ... Petitioners Vs. The State rep.by its, The Inspector of Police, Polur All Women Police Station, Tiruvannamalai District. (Crime No.31 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, praying to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.31 of 2026 pending investigation on the file of the respondent police. For Petitioners : Mr.E.Sathiyaraj Elangovan For Respondent : Mr.N.Palanivel Government Advocate (Crl.Side) 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19071 of 2026 O R D E R The petitioners who apprehend arrest for the alleged offence under Sections 318, 69, 296(b), 351(3) of BNS Act (Corresponding Sections 417, 294(b), 506(2) of IPC) and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 92(b) of Right of Persons with Disabilities Act, 2016, in Crime No.31 of 2026 on the file of the respondent police, seek anticipatory bail. 2. The case of the prosecution is that the first accused, on the false promise of marriage, had physical relationship with the defacto complainant and thereafter, refused to marry her and assaulted her with hands. Hence, the case. 3. The learned counsel for the petitioners submitted that the first and second petitioners are the father and paternal uncle of the first accused and they have not committed any offence as alleged by the prosecution and that they have been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioners. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19071 of 2026 4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the first accused has already been remanded to judicial custody. However, he opposed the grant of anticipatory bail to the petitioners. 5. Taking into consideration the totality of the circumstances and the fact that the first accused has been remanded to judicial custody and that the petitioners are the father and paternal uncle of the first accused, this Court is of the firm view that the custodial interrogation of the petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions. 6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Kalasapakkam, Tiruvannamalai District, on condition that the petitioners shall execute a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19071 of 2026 (a) If the petitioners fails to surrender before the concerned 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 petitioners shall report before the respondent Police daily 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 20.07.2026 ssb 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19071 of 2026 To 1.The Judicial Magistrate, Kalasapakkam, Tiruvannamalai District. 2.The Inspector of Police, Polur All Women Police Station, Tiruvannamalai District. 3.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19071 of 2026 C.KUMARAPPAN, J. ssb Crl.O.P.No.19071 of 2026 20.07.2026 6/6 https://www.mhc.tn.gov.in/judis