- Court
- High Court of Madras
- Decided
- 6 July 2026
- Bench
- C.Kumarappan
- Case no.
- CRL OP 16192/2026
Judgment
ORDER The petitioner, who apprehends arrest for the alleged offence under Sections 318(4) of BNS 2023 in Crime No.Not Known of 2026 on the file of the respondent police seeks anticipatory bail.
¶2The case of the prosecution is that both the petitioner and the de facto complainant were in a consensual physical relationship on the promise of marriage. Subsequently, the petitioner failed to fulfil the said promise and did not marry the de facto complainant. Hence, the case.
¶3The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of anticipatory bail to the petitioner.
¶4The learned Government Advocate (Criminal Side), appearing for the respondent police, while opposing the grant of anticipatory bail, reiterated the prosecution case and fairly submitted that there was an illegal relationship between the petitioner and the de facto complainant.
5.At this juncture, the learned counsel for the intervenor would submit that the intervenor is the wife of the accused and would object the grant of Page3 of 6 anticipatory bail to the petitioner.
¶6While perusing the FIR, this Court could be able to find that initial relationship were consensual in nature and that the issue has arisen between the petitioner and the de facto complainant only on seeing certain photos of this petitioner with another woman.
7.Considering the above facts and circumstances, and upon the fact that the relationship between the petitioner and the de facto complainant is consensual in nature, and that at this length of time, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
¶8Accordingly, 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-I, Kancheepuram, 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(s) 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 Page4 of 6 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 stay at Tiruvannamalai and report before the Tiruvannamalai Town Police Station 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 petitioner(s) in accordance with law as if the conditions have been imposed and the petitioner(s) 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(s) thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
9.This Criminal Original Petition is ordered accordingly. 06-07-2026 (2/2) KMI Page5 of 6 To
1.The Judicial Magistrate -I, Kancheepuram.
2.The Inspector of Police, All Women Police Station, Kanchipuram.
3.The Public Prosecutor Madras High Court. CRLoOPoNo.o16192oofo2026
C.KUMARAPPAN, J. KMI CRLoOPoNo.o16192oofo2026 06-07-2026 (2/2) Page6oofo6
Case details
Parties and counsel
Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-07-2026 CORAM THE HON'BLE Mr.JUSTICE C.KUMARAPPAN Yougpaul Dhanraj No.377A, Arakkonam Road, Karuppadithattadai,Thimmasamudram, Kanchipuram District ..Petitioner(s) Vs The State Rep By, The Inspector of Police All Women Police Station Kanchipuram, Kanchipuram District. ..Respondent(s) Criminal Original Petition filed under Section 482 of BNSS, praying to enlarge the petitioner on bail in the event of arrest in the hands of the respondent in Cr.No. not known of 2026 pending investigation on the file of the respondent police and thus render justice. For Petitioner(s): M/S. A.Saranraj For Respondent(s): Mr.N.Palanivel, Govt.Advocate (Crl.Side) Mr.N.K.Azhagiri For Intervenor ******* Page2 of 6
Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.