Madras High Court
Sheik Muthalif v. The State rep by the Inspector of Police
- Decision date
- 2026-08-20
- Text availability
- Full text
- Judges
- N. Ramesh
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
CRL OP No. 23276 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH CRL OP No. 23276 of 2026 Sheik Muthalif S/o. Kabeer, No.101, Ex Service Men 1st Street, West Velachery, Adambakkam, Kancheepuram District -600088. ..Petitioner(s) Vs The State rep by the Inspector of Police W-27 Vadapalani AWPS, (Crime No.19 of 2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime NO.19 of 2026 on the file of the inspector of police W-27 vadapalani all women police station, chennai on such terms and conditions as this Hon'ble Court. For Petitioner(s): M/s. Dhivya P.S. For Respondent(s): Mr.M.M.I.Khaleel, Govt.Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 01.08.2026 for the alleged offence under Sections 69 and 351(2) of BNS, 2023 in Crime No.19 of 2026 on the file of the respondent police, seeks bail. 2. The allegation against the petitioner is that under the guise of giving __________ Page1 of 5 https://www.mhc.tn.gov.in/judis CRL OP No. 23276 of 2026 cinema chance sexually exploited the defacto complainant and took videograph of her and extorted a sum of Rs.2 lakhs and 91 grams of gold jewels from the defacto complainant. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner has been arrested and remanded to judicial custody since 01.08.2026. He further submitted that there existed a purely extramarital relationship between the petitioner and the de facto complainant. He also submitted that the de facto complainant is a married woman and that the relationship was entirely consensual. He also stated that the alleged occurrence took place on 05.04.2025, the FIR was registered after a substantial delay on 30.07.2026. Hence, he prays for grant of bail to the petitioner. 4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioner has no previous cases pending against him and that the co-accused has already released on bail. Hence, he strongly opposed to grant of bail to the petitioner. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. __________ Page2 of 5 https://www.mhc.tn.gov.in/judis CRL OP No. 23276 of 2026
6. Considering the submissions made by the learned counsel on either side, the fact that the alleged occurrence took place on 05.04.2025, whereas the FIR came to be registered only on 30.07.2026, the period of incarceration already undergone by the petitioner and the fact that the petitioner has no criminal antecedents, this Court is inclined to grant bail to the petitioner, subject to certain conditions. 7. Accordingly, 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 XVII Metropolitan Magistrate, Saidapet, 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., 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 __________ Page3 of 5
https://www.mhc.tn.gov.in/judis CRL OP No. 23276 of 2026 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. 20-08-2026 DRL 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 XVII Metropolitan Magistrate, Saidapet, Chennai. 2. The Inspector of Police W-27 Vadapalani AWPS, 3.The Superintendent, Central Prison-II, Puzhal, 4.The Public Prosecutor, High Court, Madras. __________ Page4 of 5 https://www.mhc.tn.gov.in/judis CRL OP No. 23276 of 2026 N.RAMESH, J. DRL CRL OP No. 23276 of 2026 20-08-2026s __________ Page5 of 5 https://www.mhc.tn.gov.in/judis