Hari @ Hariharan v. The State Rep. by, The Inspector of Police
CRL OP/19288/2026 · 2026-07-21
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 52835 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 52835 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Crl.O.P.No.19288 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.19288 of 2026 Hari @ Hariharan ... Petitioner(s) Vs. The State rep. by The Inspector of Police, All Women Police Station, Uthukottai Tiruvallur District. ... Respondent(s) Crime No.25 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.25 of 2026 pending on the file of the respondent police. For Petitioner(s) : Mr.W.Camyles Gandhi For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 05.06.2026 for the alleged offences under Sections 296(b) and 69 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.25 of 2026 on the file of the respondent police, seeks bail. 1/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.19288 of 2026
2. It is the case of the prosecution that the petitioner, on the pretext of marriage, had a physical relationship with the defacto complainant and subsequently refused to marry her. Hence, the case. 3. The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in custody since 05.06.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. It is the specific submission of the learned counsel for the petitioner that the relationship between the petitioner and the defacto complainant was initially consensual in nature and that, only due to subsequent misunderstandings between them, the present complaint came to be registered. Hence, he prayed for the grant of bail. 4. The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that a major portion of the investigation has already been completed and that the petitioner has no criminal antecedents. 2/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.19288 of 2026
5.
Though the allegations levelled against the petitioner are serious in nature, involving an offence against the modesty of a woman, considering the totality of the circumstances, the period of incarceration undergone by the petitioner, the fact that the petitioner has no criminal antecedents, the fact that the relationship between the petitioner and the defacto complainant was initially consensual in nature, and also the fact that a major portion of the investigation has already been completed, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions. 6. Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Additional Mahila Court, Tiruvallur and subject to the following conditions: [a] 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 the identity proofs to ensure their identity; [b] the petitioner 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; 3/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.19288 of 2026 [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 21.07.2026 skr Note:
1.
21.07.2026 skr Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. 4/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.19288 of 2026 To
1. The learned Judicial Magistrate, Additional Mahila Court, Tiruvallur
2. The Superintendent, Central Prison-II, Puzhal, Chennai
3. The Inspector of Police, All Women Police Station, Uthukottai, Tiruvallur
4. The Public Prosecutor, High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.19288 of 2026 C.KUMARAPPAN,J. skr Crl.O.P.No.19288 of 2026 21.07.2026 6/6 https://www.mhc.tn.gov.in/judis