Harikrishnan v. State Represented by the Inspector of Police

ORDER The petitioner, who was arrested and remanded to judicial custody on

23.06.2026 for the alleged offence under Section 69, 89 and 115(2) of BNS and under section 4 of TNPHW in Crime No.54 of 2026 on the file of the respondent police, seeks bail. Page1 of 5

¶2The case of the prosecution is that the petitioner and the de facto complainant were in a love relationship. During the course of their relationship, the complainant allegedly became pregnant, and her pregnancy was terminated at a private hospital on 09.11.2024. Thereafter, the petitioner stopped communicating with the complainant and refused to marry her. Hence, the case.

¶3The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

¶4Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioner has been incarcerated since 23.06.2026. He also produced the 183 BNSS statement of the victim before this Court. Hence, he opposed the grant of bail to the Petitioner.

¶5I have given my anxious consideration to either side submissions and perused the materials available on record.

¶6Considering the facts and circumstances of the case; taking note of the Page2 of 5 submission made by the learned Government Advocate (Crl.Side) and on perusal of the 183 BNSS statement of the victim, they were in a physical relationship with consent and the alleged miscarriage took place a year's back and the complaint came to be registered during 2026. Considering the above circumstances and upon the fact that the petitioner has been incarcerated since

23.06.2026, this Court is inclined to grant bail to the petitioner subject to certain conditions.

¶7Accordingly, 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 each, for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Virudhachalam, 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; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; [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, Page3 of 5 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. 28-07-2026 SHL Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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. To:

¶1The Judicial Magistrate No.1, Virudhachalam

¶2The Central Prison, Cuddalore

¶3The Inspector of Police, All Women Police Station, Virudhachalam Cuddalore District.

¶4The Public Prosecutor High Court of Madras Page4 of 5 CRLoOPoNo.o20248oofo2026 C.KUMARAPPANoJ. SHL CRLoOPoNo.o20248oofo2026 28-07-2026 Page5oofo5

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Harikrishnan ..Petitioner Vs State represented by The Inspector of Police All Women Police Station, Virudhachalam, Cuddalore District. Crime No. 54 of 2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail in crime No. 54 of 2026 pending investigation on the file of the Inspector of Police, All Women Police Station, Virudhachalam, Cuddalore District. For Petitioner: Mr.M.Selvam For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)