Ganesh Alias Mayarajan v. State of Tamilnadu Rep by Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/07/2026 PRESENT The HONOURABLE MR. JUSTICE K. RAJASEKAR Ganesh Alias Mayarajan, No.16, Indhra Colony, Kangeyanatham, Thirumangalam Taluk, Madurai-625 706. ... Petitioner/Sole Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Elumalai Police Station, Madurai Crime No.134 /2026. ... Respondent/Complainant For Petitioner : Mr.Mohan Raj M, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-33AB For Anticipatory Bail in crime No 134/2026 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences under Sections 74, 75(1)(i), 75(1)

(ii) and 351(3) of BNS, 2023, and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002, in Crime No.134 of 2026, on the file of the respondent Police, seeks anticipatory bail.

¶2The allegation against the petitioner is that the petitioner herein, while taking advantage of the loneliness of the victim, who is aged 35 years, entered into the house and attempted to commit rape her. Hence, the present complaint.

¶3The learned counsel appearing for the petitioner submitted that a false case has been foisted against the petitioner, due to previous enmity. The petitioner has not committed any offence as alleged by the prosecution and he has not even touched her. He further submitted that he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant anticipatory bail to the petitioner.

¶4The learned Counsel for the State of TN (Crl. Side) appearing for the respondent police reiterated the prosecution and submitted that the petitioner attempted to molest the victim, while she was alone in the house. Hence, he opposed to grant anticipatory bail to the petitioner.

¶5Heard the learned counsels and perused the materials available on record.

¶6The victim was aged about 35 years, while she was in home along with two children, the petitioner entered into the house and attempted to molest her. Though it is stated that it is a false case, considering the fact that the occurrence was taken place on 22.05.2026 and already more than one and half months is over, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Usilampatti, 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 Judicial Magistrate concerned and on further conditions that: [b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation. [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(K R S J)

06.07.2026 vsg TO

1.The learned Judicial Magistrate No.II, Usilampatti.

2.The Inspector of Police, Elumalai Police Station, Madurai.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K. RAJASEKAR,J., vsg ORDER IN CRL OP(MD) No.13224 of 2026 Date : 06/07/2026