✦ Madras High Court

Ezhilarasi v. State by:- The Inspector of Police

G K ILANTHIRAIYAN3 min read

Case at a glance

Judgment

Crl.O.P.No.14654 of 2026IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 11.06.2026CORAMTHE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYANCrl.O.P.No.14654 of 2026 Ezhilarasi ... Petitioner/ AccusedVs.State by:- The Inspector of Police,B1 Dharmapuri Police Station, Dharmapuri. (Crime No.82 of 2026) ... RespondentPRAYER: This Criminal Original Petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.82 of 2026 on the file of the respondent police. For Petitioner: Mr.C.SamivelFor Respondent: Mr.S.Yogaraja SekarCounsel for Government ORDERThis Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 12.02.2026, seeking bail in Crime No.82 of 2026 registered for the offence under Sections 296(b), 109 of BNS and Section 75 of Juvenile Justice (Care and Protection of Children Act, 2015), seeks bail. Page No.1 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14654 of 20262.The case of the prosecution is that the defacto complainant is maternal grandmother and the petitioner is her daughter and she suffered from HIV, her husband deserted her and further she developed intimacy with A2 and assaulted her minor girl aged about 3 years and she got matted to A2 and on 11.02.2026 at about 09.00.p.m., when the defacto complainant went to the A1’s house to see her grand daughter, she found that the girl sustained with burn injuries all over the body and she came to know that on 11.02.2026, at about 09.00.p.m., as the minor victim being interrupted for their intercourse, A1 & A2 have abused and caused burn injuries with cigarette and also strangulated her neck.

Hence, the case. 3. Learned counsel appearing for the petitioner submitted that the the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prayed for grant of bail to the petitioner. 4. Learned Government Counsel appearing for the respondent police, reiterated the prosecution case and opposed for the grant of bail to the petitioner. 5. Heard the learned counsel appearing for the petitioner and the learned Government Counsel for the respondent Police and perused the Page No.2 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14654 of 2026materials available on record. 6. Considering the nature of allegations and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Dharmapuri and on further conditions that:[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;[b] the petitioner shall report before the respondent police daily at 10.30.a.m., and 05.30.p.m., until further orders [c] the petitioner shall not abscond either during investigation or trial;[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the Page No.3 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14654 of 2026conditions 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];[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.11.06.2026 SmaCopy to:

1.

The Judicial Magistrate, Dharmapuri.

2.

The Inspector of Police, B1 Dharmapuri Police Station, Dharmapuri.

3.

The Superintendent, Central Prison, Salem4. The Public Prosecutor, High Court, Madras. Page No.4 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14654 of 2026G.K.ILANTHIRAIYAN , J. smaCrl.O.P.No.14654 of 202611.06.2026Page No.5 of 5

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