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2026 DAILYLAW 58985 (MAD)

Harigopal v. State Rep by, The Inspector of Police,

CRL OP/18727/2026 · 2026-07-23

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18727 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 18727 of 2026 Harigopal ..Petitioner(s) Vs State Rep by, The Inspector of Police, AWPS-Anna Nagar Police Station, Chennai District. Crime No.422 of 2026 Now transferred to the file of The Inspector of Police, AWPS-Thirumangalam Police Station, Chennai District. ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on Anticipatory bail in the event of apprehending arrest in Crime No.422 of 2026 on the file of respondent police and thus render justice. For Petitioner(s): For Intervenor: M/s.P.Muthamizh Selvakumar Mr. J. Shahith Ahamed For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE) ORDER The petitioner, who apprehends arrest for alleged offences under Sections Girl Missing @ 87 of the Bharatiya Nyaya Sanhita (BNS), 2023 r/w 3(a), 4 of POCSO Act, in Crime No.422 of 2026 on the file of the respondent police concerned, seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 18727 of 2026 __________ Page2 of 6 2. The case of the prosecution is that the defacto complainant (the mother of the victim girl) lodged a complaint alleging that her daughter had developed a relationship with the petitioner. Consequently, the defacto complainant reprimanded both her daughter and the petitioner, directing them to discontinue their relationship. Subsequently, the victim girl went missing, leading to the registration of this case. 3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case, and that he is ready to co-operate with the investigation. He further submitted that the FIR was initially registered at the AWPS-Anna Nagar Police Station and has now been transferred to the file of the AWPS-Thirumangalam Police Station. Accordingly, he prayed for the grant of anticipatory bail to the petitioner. 4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution's case and submitted that the statement of the victim under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been recorded. He also confirmed that the case is currently pending on the file of the AWPS-Thirumangalam Police Station. 5. Although the matter was previously adjourned based on submissions made by one Mr.J. Shahith Ahamed for filing an Intervening Application, no https://www.mhc.tn.gov.in/judis CRL OP No. 18727 of 2026 __________ Page3 of 6 one appeared on behalf of the Intervenor today, and no application has been filed. Upon reviewing the factual position, the petitioner is approximately 20 years old, and the victim is 14 years old. On perusal of the record, this Court notes certain allegations regarding a physical relationship; however, a harmonious reading of the statement discloses an adolescent relationship between the petitioner and the victim. Considering the ages of both the petitioner and the victim, the custodial interrogation of the petitioner is not required at this juncture. Consequently, 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 Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chennai, 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. 18727 of 2026 __________ Page4 of 6 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 Inspector of Police, AWPS-Thirumangalam Police Station, Chennai District, 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 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. 23-07-2026 GBI https://www.mhc.tn.gov.in/judis CRL OP No. 18727 of 2026 __________ Page5 of 6 To 1.The Inspector of Police, AWPS-Anna Nagar Police Station, Chennai District. 2.The Inspector of Police, AWPS-Thirumangalam Police Station, Chennai District. 3.The Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chennai. 4.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 18727 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. GBI CRL OP No. 18727 of 2026 23-07-2026 https://www.mhc.tn.gov.in/judis