HONESTRAJ Vs The State Rep by - Court Judgment

SooperKanoon Citationsooperkanoon.com/1419484
CourtChennai High Court
Decided OnJan-30-2026
Case NumberCRL OP/2182/2026
JudgeHonourable Mr.Justice K.Rajasekar
AppellantHonestraj
RespondentThe State Rep by
Excerpt:
in the high court of judicature at madrasdated: 30.01.2026coramthe honourable mr justice k. rajasekar crl op no.2182 of 2026 honestraj ... petitioner vs the state rep. by, the inspector of police, chengalpattu taluk police station, chengalpattu district. (crime no.42 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. 42 of 2026 on the file of the respondent police, chengalpattu taluk police station, chengalpattu district. for petitioner(s) : mr.r. parthiban for respondent(s) : mr. a. gopinath government advocate (crl. side)orderthe petitioner, who was arrested and remanded to judicial custody on 15.01.2026 for the offence under sections 126(2), 296(b),115(2), 351(3) 75(2) of bns act r/w 4 of tamil nadu prohibition of harassment of women act in crime no.42 of 2026, registered on the file of the respondent police, seeks bail.2. the case of the prosecution is that the petitioner was in aintoxicated mood intercepted the victim girl and attacked her in a public place and caused injuries to her. hence a case was registered by the respondent police. 3.the learned counsel appearing for the petitioner submitted that the petitioner is taking care of his child aged about 1.5 years and he is in judicial custody from 15.01.2026 and he is ready to abide by any conditions that may be imposed by this court and sought for bail to the petitioner. 4.the learned government advocate (criminal side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and submitted that the petitioner attacked the victim and caused injuries to her and there is no previous case pending against the petitioner. hence, he opposed to grant bail to the petitioner. 5.considering the facts and circumstances of the case, and the fact that the petitioner has to take care of the child and there is no previous case pending against the petitioner and the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioners herein with certain conditions. 6.accordingly, the petitioner is ordered to be released on bail on their executing 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 judicial magistrate no.ii, chengalpattu 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 appear before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation; [c] 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 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]; [d] if the accused thereafter abscond, a fresh fir can be registered under section 269 of b.n.s. 30.01.2026 smn note :1. registry is directed to forthwith upload thisorder in the official website of this court.2. all concerned to act on this order beinguploaded 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 inspector of police, chengalpattu taluk police station, chengalpattu district.2. the learned judicial magistrate no.ii, chengalpattu3. the superintendent, central prison, puzhal,4. the public prosecutor, high court of madras.k. rajasekar, j.smn crl.o.p. no.2182 of 2026 30.01.2026
Judgment:

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.2182 of 2026 Honestraj ... Petitioner Vs The State rep. by, The Inspector of Police, Chengalpattu Taluk Police Station, Chengalpattu District. (Crime No.42 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. 42 of 2026 on the file of the respondent police, Chengalpattu Taluk Police Station, Chengalpattu District. For Petitioner(s) : Mr.R. Parthiban For Respondent(s) : Mr. A. Gopinath Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 15.01.2026 for the offence under Sections 126(2), 296(b),115(2), 351(3) 75(2) of BNS Act r/w 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.42 of 2026, registered on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was in a

intoxicated mood intercepted the victim girl and attacked her in a public place and caused injuries to her. Hence a case was registered by the respondent police. 3.The learned counsel appearing for the petitioner submitted that the petitioner is taking care of his child aged about 1.5 years and he is in judicial custody from 15.01.2026 and he is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and submitted that the petitioner attacked the victim and caused injuries to her and there is no previous case pending against the petitioner. Hence, he opposed to grant bail to the petitioner. 5.Considering the facts and circumstances of the case, and the fact that the petitioner has to take care of the child and there is no previous case pending against the petitioner and the period of incarceration undergone by the Petitioner, this Court is inclined to grant bail to the petitioners herein with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail on their executing 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 Judicial Magistrate No.II, Chengalpattu 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 appear before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation; [c] 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 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]; [d] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S. 30.01.2026 smn Note :

1. Registry is directed to forthwith upload this

order in the Official Website of this Court.

2. All 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 Inspector of Police, Chengalpattu Taluk Police Station, Chengalpattu District.

2. The Learned Judicial Magistrate No.II, Chengalpattu

3. The Superintendent, Central Prison, Puzhal,

4. The Public Prosecutor, High Court of Madras.

K. RAJASEKAR, J.

smn Crl.O.P. No.2182 of 2026 30.01.2026