S. Sivakumar, M/48 v. The State Rep. by the Inspector of Police,

ORDER The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 75(2) of BNS in Crime No.not known of 2026, seeks anticipatory bail. Page2 of 5

¶2The allegation against the petitioner is that he developed contact with the victim lady and promised to marry her, had a physical relationship, and subsequently avoided marriage, on verification, it was revealed that the petitioner was already married and had a child. Hence the complaint.

¶3The learned counsel for the petitioner would submit that there is no harassment or sexual violence against the defacto complainant and the petitioner is ready to cooperate with the investigation. Therefore, he prays for grant of anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submitted that the investigation in this case is pending. Hence, she vehemently opposed the grant of anticipatory bail to the petitioner.

¶5I have gone through the FIR and admittedly both the defacto complainant and the petitioner's is about 45 years old, and it is alleged that the petitioner made false promise to marry the defacto complainant and had physical relationship.

¶6Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Page3 of 5

¶7Accordingly, 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 made ready, before the learned Judicial Magistrate, Saidapet, Chennai, on condition that the petitioner shall execute a 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 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 everyday at 10.30 a.m., for a period of three 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]; Page4 of 5

(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 20-02-2026 MPA To

1.The Judicial Magistrate, Saidapet, Chennai.

¶2The State Rep. by the Inspector of Police, J1 All Women Police Station, Saidapet, Chennai - 600 015. (Crime No. not known / 2026)

3.The Public Prosecutor, High Court of Madras. CRLoOPoNo.o4260oofo2026 K.RAJASEKAR,oJ. MPA CRLoOPoNo.o4260oofo2026 20-02-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-02-2026 CORAM THE HON'BLE MR.JUSTICE K.RAJASEKAR CRL OP No. 4260 2026 S. Sivakumar, M/48 13 periyar evr nagar srirangam Trichy ..Petitioner(s) Vs The State Rep. by the Inspector of Police, J1 All Women Police Station, Saidapet, Chennai - 600 015. (Crime No. not known / 2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023,To enlarge the petitioner on bail in the event of arrest U/s.75(2) of BNS in Crime No. Not known on the file of respondent police. For Petitioner(s): M/s. P.SRIDHAR For Respondent(s): M/S.J.R.Archana Government Advocate (Crl.Side)