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2026 DAILYLAW 71426 (MAD)

J.Daniel Dominic Savio v. The State Rep. by

CRL OP/3536/2026 · 2026-02-20

K Rajasekar

Transfer Petitionbody2026

Judgment text

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CRL OP No. 3536 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-02-2026 CORAM THE HON'BLE MR.JUSTICE K.RAJASEKAR CRL OP No. 3536 of 2026 1. J.Daniel Dominic Savio S/o.John, Door No.65/1, Thiruveeti Amman Koil 1st Street, Aminjikarai, Chennai 29. 2. Dhanam alias Dhanamani Susen S J D/o.John, Door No. 1, No.68, Thiruveeti Amman Koil Street, Aminjikarai, Chennai 30. J.Dharani 3. D/o.John Door No. 1, No.68, Thiruveeti Amman Koil Street, Aminjikarai, Chennai 30. ..Petitioner(s) Vs The State Rep. by The Inspector of Police, AWPS Neyveli Police Station, Cuddalore District. Crime No.50 of 2025 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023,To enlarge the petitioners on bail in the event of their arrest in respect in Crime No.50 of 2025 on the file of the Inspector of Police, AWPS Police Station, Cuddalore District, pending investigation, and thus render justice. https://www.mhc.tn.gov.in/judis CRL OP No. 3536 of 2026 __________ Page2 of 6 For Petitioner(s): M P Saravanan For Respondent(s): M/S.J.R.Archana Government Advocate (Crl.Side) ORDER The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 417, 406, 506(i), 294(b) of IPC in Crime No. 50 of 2025, seek anticipatory bail. 2. The allegation against the petitioners is that A1 has developed relationship with the victim lady aged about 40 years and promised to marry her and had a physical relationship with her and also by relying on the very same promise, collected a sum of Rs.7 lakhs and 8.5 sovereigns of gold jewels and subsequently cheated her. Hence the case has been registered. 3. The learned counsel for the petitioners would submit that already gold jewels were returned to the defacto complainant and first petitioner has not collected any money from the defacto complainant and further it is only a consensual relationship and there is no promise to marry and sexual relationship. Hence, he prays for grant of anticipatory bail to the petitioners. https://www.mhc.tn.gov.in/judis CRL OP No. 3536 of 2026 __________ Page3 of 6 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that investigation in this case is pending and acknowledged receipt of 8.5 sovereigns of gold jewels by the defacto complainant. Hence, opposed to grant anticipatory bail to the petitioners. 5. Considering the age of the victim as well as petitioners and the fact that gold jewels already returned back and also considering the nature of allegations leveled against the petitioners, this court is of the view that custodial interrogation a case of this nature is not necessary, this court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Neyveli, on condition that the petitioner shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition: (a) If the petitioners fails to surrender before the concerned https://www.mhc.tn.gov.in/judis CRL OP No. 3536 of 2026 __________ Page4 of 6 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 slip (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 petitioners shall report before the respondent police everyday 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 20-02-2026 MPA https://www.mhc.tn.gov.in/judis CRL OP No. 3536 of 2026 __________ Page5 of 6 To 1.The District Munsif cum Judicial Magistrate, Neyveli. 2.The State Rep. by The Inspector of Police, AWPS Neyveli Police Station, Cuddalore District. Crime No.50 of 2025 3.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 3536 of 2026 __________ Page6 of 6 K.RAJASEKAR, J. MPA CRL OP No. 3536 of 2026 20-02-2026 https://www.mhc.tn.gov.in/judis