Gokul v. The State Represented by, Inspector of Police,
CRL OP/17565/2026 · 2026-07-08
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 48149 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 48149 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 17565 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17565 of 2026 Gokul S/o.Settu, No.334, New Street, Vazhkudai Post, Naval, Cheyyar, Tiruvannamalai 604 409. ..Petitioner(s) Vs The State Represented by, Inspector of Police, Cheyyar, Tiruvannamalai Dt. Cr.No.210/2026 dt.21.06.2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the Petitioner on bail in the event of arrest by the Respondent Police in connection with Crime No.210 of 2026 on the file of the respondent police. For Petitioner(s): Mr.M.Raja For Respondent(s):
MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE) ORDER The petitioner apprehends arrest for the alleged offence under Sections 296(b), 351(2), 78 of BNS, 2023 in Crime No.210 of 2026 on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis
CRL OP No. 17565 of 2026 __________ Page2 of 6
2. The case of the prosecution is that on 24.04.2026, while the defacto complainant was alone at her residence, the petitioner allegedly trespassed into her house, abused her in filthy language, harassed her and torn her night dress. It is further alleged that on 15.05.2026, the petitioner continued to threaten and harass her by making missed calls and sending message through WhatsApp. Hence, a case has been registered. 3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. The learned counsel for the petitioner further submitted that the petitioner and the de facto complainant were in a relationship for some time. It is submitted that since the de facto complainant intends to marry another person, the present complaint has been falsely foisted against the petitioner. He further submitted that though the alleged occurrence is stated to have taken place on 24.02.2026, the FIR came to be registered only on 21.06.2026, after a considerable delay. He further submitted that he is ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner. 4.
The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and strongly opposed the https://www.mhc.tn.gov.in/judis
CRL OP No. 17565 of 2026 __________ Page3 of 6 application and submitted that there was an earlier CSR entry against the petitioner in respect of similar allegations of intimidation. It is further submitted that the petitioner had allegedly intimidated the de facto complainant through a mobile phone on 15.05.2026. Considering the nature of the allegations, the learned Government Advocate opposed the grant of bail. 5.Considering the submissions made by the learned counsel for the petitioner and the learned Government Advocate (Crl. Side), this Court has perused the materials available on record. Though serious allegations have been levelled against the petitioner, it is an admitted fact that the petitioner and the de facto complainant were known to each other and were in a relationship for a considerable period of time. Further, the alleged occurrence is stated to have taken place on 24.02.2026, whereas the FIR was registered only on 21.06.2026. Considering the totality of the circumstances, the nature of the dispute between the parties, and the relationship between the petitioner and the de facto complainant and the delay in registering the FIR, this Court is of the considered view that custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant bail to the petitioner subject to the following conditions:
6.
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 https://www.mhc.tn.gov.in/judis
CRL OP No. 17565 of 2026 __________ Page4 of 6 Magistrate, Cheyyar, Tiruvannamalai District, on condition that the petitioner shall execute 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 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 ship (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 stay at Virudhunagar District and shall report before the Srivilliputhur Town Police Station, Virudhunagar District, everyday at 10.30 a.m., for a period of two weeks ; (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 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]; https://www.mhc.tn.gov.in/judis
CRL OP No. 17565 of 2026 __________ Page5 of 6 (e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 08-07-2026 JRS To 1.The Judicial Magistrate at Cheyyar, Tiruvannamalai District. 2.The Inspector of Police, Cheyyar, Tiruvannamalai District. Cr.No.210/2026 dt.21.06.2026 3.The Public Prosecutor, High Court of Madras.
https://www.mhc.tn.gov.in/judis
CRL OP No. 17565 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. JRS CRL OP No. 17565 of 2026 08-07-2026 https://www.mhc.tn.gov.in/judis