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2026 DAILYLAW 61435 (MAD)

Dharmaraj v. The State Rep by The Inspector of Police

CRL OP/23230/2026 · 2026-08-21

N Ramesh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 23230 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH CRL OP No. 23230 of 2026 Dharmaraj ...Petitioner/A1 Vs The State Rep by The Inspector of Police, All Women Police Station, Vandalur, Tambaram, Chengalpattu District. ...Respondent Crime No.4 of 2026. PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.4 of 2026 on the file of the respondent police. For Petitioner(s): Mr.P.Arunkumar For Respondent(s): Mr.M.M.I.Khaleel, Govt.Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 18.07.2026 for the alleged offences under Sections 69, 296(b), 351(2), r/w 3(5) of BNS 2023 Act, in Crime No.4 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 23230 of 2026 __________ Page2 of 6 2. The allegation against the petitioner is that the de-facto complainant is a widow and having a female child. She is working in a private company and the petitioner is also working in the same company. Out of their acquaintance, both were developed their love and on the pretext of marriage, the petitioner had physical relationship with the victim. However, later he refused marry her, thereby cheated her. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitoner has been in judicial custody since 18.07.2026. He further submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that though the F.I.R was registered on 29.01.2026, the victim/de- facto complainant married the petitioner on 05.02.2026. He further submitted that after the marriage, domestic disputes arose between the parties and that the de-facto complainant had subsequently lodged a false complaint against her husband, the petitioner.He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. He also submitted that no specific overtact against the petitioner. Hence, he prays for grant of bail to the Petitioner. 4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the de-facto complainant took place only after registration of the https://www.mhc.tn.gov.in/judis CRL OP No. 23230 of 2026 __________ Page3 of 6 F.I.R and the subsequent domestic disputes arose between them. He further submitted that the allegations in the F.I.R require to be investigated and, therefore, opposed the grant of 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), considering the period of incarceration of the petitioner since 18.07.2026 and this Court is of the firm view that for the purpose of investigation, further interrogation of the petitioner is not required. Hence, 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, for a like sum to the satisfaction of the learned Judicial Magistrate-1, Tambaram, 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; https://www.mhc.tn.gov.in/judis CRL OP No. 23230 of 2026 __________ Page4 of 6 [b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and 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 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. 21-08-2026 nvi 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. https://www.mhc.tn.gov.in/judis CRL OP No. 23230 of 2026 __________ Page5 of 6 To 1.The Judicial Magistrate-1, Tambaram. 2. The Inspector of Police, All Women Police Station, Vandalur, Tambaram, Chengalpattu District. 3.The Superintendent, Sub-Jail, Chengalpattu. 4.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 23230 of 2026 __________ Page6 of 6 N.RAMESH, J. nvi CRL OP No. 23230 of 2026 21-08-2026 https://www.mhc.tn.gov.in/judis