Madras High Court
Rajasekaran vs State Rep.By, The Inspector Of Police, on 7 July, 2026
CRL OP No. 17277 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-07-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
CRL OP No. 17277 of 2026
Rajasekaran
S/o. Rangasamy,
8-103, Malankadu,
Minnakkal,
Namakkal District
..Petitioner(s)
Vs
State Rep.by,
The Inspector of Police,
All Women Police Station,
Rasipuram, Namakkal District.
Crime No. 8 of 2021.
..Respondent(s)
PRAYER: This Criminal Original Petition is filed under Section 482 of BNSS
praying to enlarge the petitioner on Anticipatory bail in the event of the arrest in
connection with the Crime. No.8 OF 2021, on the file of Respondent Police.
For Petitioner(s): Mr.Nalliyappan R
For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE
(CRL.SIDE)
ORDER
The petitioner apprehends arrest for the alleged offences under Sections
498(A), 294(b), 323, 506(2) and 494 of IPC read with Section 4 of Tamil
Nadu Prohibition of Harassment of Women Act, in Crime No.8 of 2021 on
the file of the respondent police seeks anticipatory bail.
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CRL OP No. 17277 of 2026
2. The case of the prosecution is that the defacto complainant is the wife
of the petitioner. Marriage between the petitioner and the defacto complainant
was solemnised on 11.06.2009. The petitioner attacked the defacto complainant
and thrown out her from the matrimonial home. While the first marriage is in
existence, the petitioner married A5. Hence the complaint.
3. The learned counsel for the petitioner submitted that due to
matrimonial dispute, a false case has been foisted against the petitioner and that
he has not committed any offence as alleged by the prosecution.
4. Per contra, the learned Government Advocate (Crl.Side) appearing for
the respondent police submitted that after completion of investigation charge
sheet had been filed.
5. I have given my anxious consideration to either side submissions.
6. Considering the nature of the allegations and the fact that the entire
occurrence took place due to dowry harassment and the first accused got
married with the defacto complainant on 11.06.2009, at this juncture, the
learned Government Advocate fairly submitted that after completion of
investigation charge sheet had already been filed and hence considering the
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CRL OP No. 17277 of 2026
factual position and also considering the fact that the occurrence took place in
the year 2021, this Court is of the firm view that, custodial interrogation of the
petitioner is not required. Hence, this Court is inclined to enlarge the petitioner
on anticipatory bail, subject to certain conditions.
7. Accordingly, 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, Rasipuram on condition that the petitioner shall execute a bond
for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two
suretieseach, for a like sum to the satisfaction of the learned Magistrate
concerned, and on further conditions:
(a)If the petitioner 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
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 petitioner shall report before the respondent
police daily at 10.30 am for a period of two weeks and
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CRL OP No. 17277 of 2026thereafter as and when required;
(d) On breach of any of the aforesaid conditions, the
learned Magistrate/Trial Court is entitled to take appropriate
actions against the petitioner in accordance with law as if the
conditions have been imposed and the petitioner is 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 thereafter absconds, a fresh FIR can be
registered under Section 269 of BNS Act.
07-07-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
MFA
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CRL OP No. 17277 of 2026
To
1. The Judicial Magistrate, Rasipuram
2.The Inspector of Police,
All Women Police Station,
Rasipuram,
Namakkal District.
3. The Public Prosecutor,
High Court, Chennai.
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CRL OP No. 17277 of 2026
C.KUMARAPPAN, J.
MFA
CRL OP No. 17277 of 2026
07-07-2026
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