CRL OP No. 19668 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 19668 of 2026 Rakesh @ Rajesh S/o.Raju, 210C, Kallangkuthu, Thenur, Perambur, Tamil Nadu - 621 114. ..Petitioner(s) Vs State Rep. By The Station House Officer, Odiansalai Police Station, Puducherry. Crime No.122 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail in Crime No.122 of 2026 on the file of the Respondent Police and thus render justice. For Petitioner(s): Mr.A.Anandharaj For Respondent(s): M/s.G.D.Jearany Omprakash Government Advocate, Puducherry ORDER The petitioner, who was arrested and remanded to judicial custody on 15.06.2026 for the alleged offence under Sections 69 and 351(2) of BNS @ 64(1) and 351(2) of BNS, in Crime No.122 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 19668 of 2026 __________ Page2 of 5 2. The case of the prosecution is that the petitioner repeatedly committed sexual assault on the victim after administering an intoxicating substance and criminally intimidated her with dire consequences, on the basis of which the present case came to be registered Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner has been in judicial custody since 15.06.2026, has been falsely implicated in this case, and has not committed any offence as alleged by the prosecution. Hence, he prays to grant bail to the petitioner. 4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and produced the 183 BNS statement of the victim before this Court. However, she opposed to grant bail to the petitioner. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. 6. Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); and the nature of allegations against the petitioner, upon perusal of the FIR, this Court finds that there was a consensual relationship between the petitioner and the de https://www.mhc.tn.gov.in/judis CRL OP No. 19668 of 2026 __________ Page3 of 5 facto complainant. Taking into consideration the period of incarceration and the fact that the petitioner has no criminal antecedents, this Court is inclined to grant bail to the petitioner, subject to certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail on his 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 No.II, Puducherry and on further conditions that: [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 daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation; [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 pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble https://www.mhc.tn.gov.in/judis CRL OP No. 19668 of 2026 __________ Page4 of 5 Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 23-07-2026 DRL 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. To 1.The Judicial Magistrate No.II, Puducherry. 2. The Station House Officer, Odiansalai Police Station, Puducherry. 3.The Superintendent, Central Prison, Puducherry. 4.The Public Prosecutor, Puducherry. https://www.mhc.tn.gov.in/judis CRL OP No. 19668 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. DRL CRL OP No. 19668 of 2026 23-07-2026 https://www.mhc.tn.gov.in/judis