Elumalai v. The State Rep By, the Inspector of Police

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

28.03.2026 for the alleged offence under Sections 64(2) (f) and 332 of BNS Act, 2023 in Crime No.12 of 2026 on the file of the respondent police, seeks bail. Page2 of 5

¶2The case of the prosecution is that, while the defacto complainant was sleeping in her house, the accused trespassed into her house and allegedly committed rape on 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 there was a family dispute between the petitioner and the defacto complainant, for which a false complaint has been lodged against the petitioner. 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 produced the Section 183 of BNSS statement, wherein there is specific allegations attracting under Section 64(2)(f) of BNS have been made. He further submitted that the medical report has not yet been received. He further submitted that the investigation has been completed and the charge has also been filed. Hence, he opposed to grant bail to the petitioner.

¶5I have given my anxious consideration to either side submissions and perused the materials available on record. Page3 of 5

¶6Considering the fact that the petitioner has been in incarceration since

28.03.2026 and that the final report has already been filed even without the medical report, this Court is of the firm view that further custodial interrogation of the petitioner is not required. Hence, 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, Harur, 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., and 5.30 p.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, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with Page4 of 5 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. 13-07-2026 DRL 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

1.The Judicial Magistrate, Harur.

2.The Inspector of Police AWPS Harur, Dharmapuri.

3.The Superintendent, Central Prison, Salem.

4.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o18219oofo2026 C.KUMARAPPAN,oJ. DRL CRLoOPoNo.o18219oofo2026 13-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Elumalai S/o Theerthan, 2/491, Sitheri, Pappireddipatti, Dharmapuri. ..Petitioner(s) Vs The State Rep By, The Inspector of Police AWPS Harur, Dharmapuri. Crime No.12 of 2026 ..Respondent(s) Prayer : Criminal Original Petition filed under section 483 of BNSS, 2023 to enlarge the petitioner on bail pending investigation in Crime No.12 of 2026 on the file of the respondent police. For Petitioner(s): Mr. J.Pradeep For Respondent(s): MR.S.YOGARAJA SEKAR, GOVT.ADVOCATE (CRL.SIDE )