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2026 DAILYLAW 54604 (MAD)

S Devendran v. State of Tamil Nadu Rep by Inspector of Police

/19351/2026 · 2026-07-21

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.19351 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.19351 of 2026 S.Devendran ... Petitioner Vs. The State of Tamil Nadu, represented by, The Inspector of Police, Manalurpet Police Station, Kallakurichi District. (Crime No.97 of 2026) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.97 of 2026 pending investigation on the file of the respondent police. For Petitioner : Mr.T.S.Yoganand For Respondent : Ms.R.S.Indira Government Advocate (Crl.Side) 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19351 of 2026 O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 74 and 351(3) of BNS, 2023 (Sections 294(b), 323, 354 and 506(ii) of IPC, 1860) in Crime No.97 of 2026 on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that the defacto complainant is the friend of the petitioner and the petitioner took photographs of the defacto complainant while she was bathing and showed the photographs to the defacto complainant and threatened her to have illicit relationship, due to which, the second accused, who is the husband of the defacto complainant, abused her in filthy language and assaulted her. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19351 of 2026 4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and, submitted that the petitioner took some photos of the defacto complainant while she was bathing and unless the petitioner is taken into custody, it is too difficult to delete the photos taken by him. Hence, he opposed the grant of anticipatory bail to the petitioner. 5. Though this Court has dismissed the earlier anticipatory bail application filed by the petitioner on 05.06.2026, the respondent Police have not secured the petitioner so far. In such view of the matter, as the denial of anticipatory bail would only stagnate the investigation, and in order to effectively proceed with the investigation, 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. 6. Accordingly, the petitioner is ordered to be released on 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 Judicial Magistrate, Tirukovilur, on condition that the petitioner shall execute a 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19351 of 2026 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 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., until further orders; (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. 21.07.2026 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19351 of 2026 ssb To 1.The Judicial Magistrate, Tirukovilur. 2.The Inspector of Police, Manalurpet Police Station, Kallakurichi District. 3.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19351 of 2026 C.KUMARAPPAN, J. ssb Crl.O.P.No.19351 of 2026 21.07.2026 6/6 https://www.mhc.tn.gov.in/judis