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2026 DAILYLAW 52845 (MAD)

S.Dhivakar v. State by The Inspector of Police,

CRL OP/18529/2026 · 2026-07-20

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18529 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 18529 of 2026 S.Dhivakar S/o.Senthil Kumar, Melmolaparaiyur Colony, Chithirapatti Pudhur Village, Saveriyarpalayam Post, Alamarathupatti, Salem District. ..Petitioner(s) Vs State by The Inspector of Police, Komarapalayam Police Station, Namakkal District. Crime No.156 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on anticipatory bail in the event of arrest in relating to Crime No.156 of 2026 pending investigation on the file of the Respondent and thus render justice. For Petitioner(s): Mr.C.Munusamy For Respondent(s): M/s.R.S.Indira, Government Advocate (Crl.Side) ORDER The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 87 of BNS, 2023 in Crime https://www.mhc.tn.gov.in/judis CRL OP No. 18529 of 2026 __________ Page2 of 5 No.156 of 2026, on the file of the respondent Police, seeks anticipatory bail. 2. The case of the prosecution is that the defacto complainant filed a complaint before the respondent police stating that her daughter had eloped with the petitioner due to a love affair. Hence, the case. 3. The learned counsel appearing for the petitioner submitted that the petitioner and the victim were in relationship for sometime and subsequently they also got married. He further submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution, and that he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted the statement of the victim recorded under Section 183 of BNS. Hence, she opposed to grant anticipatory bail to the petitioner. 5. I have given my anxious consideration to either side submissions. https://www.mhc.tn.gov.in/judis CRL OP No. 18529 of 2026 __________ Page3 of 5 6. Considering the facts and circumstances of the case, and taking note of the submissions made by the learned Government Advocate (Crl. Side), it is seen that it is a case of love affair. A perusal of the statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) reveals that there are no serious allegations against the petitioner, except that the petitioner and the victim have solemnized their marriage. In view of these circumstances, this Court is of the firm view that custodial interrogation of the petitioner is not required Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Komarapalayam, Namakkal District, 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 https://www.mhc.tn.gov.in/judis CRL OP No. 18529 of 2026 __________ Page4 of 5 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 am 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 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. 20-07-2026 DRL To 1.The Judicial Magistrate, Komarapalayam, Namakkal District. 2.The Inspector of Police, Komarapalayam Police Station, Namakkal District. 3.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 18529 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. DRL CRL OP No. 18529 of 2026 20-07-2026 https://www.mhc.tn.gov.in/judis