M.Gowtham v. The State Rep. by its, The Inspector of Police
CRL OP/19212/2026 · 2026-07-22
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 52055 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 52055 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 19212 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 19212 of 2026 M.Gowtham ..Petitioner Vs The State Rep. by its, The Inspector of Police K-4, Anna Nagar Police Station, Chennai. Crime No.316 of 2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the Petitioner in Cr.No.316 of 2026 on the file of the Respondent Police Station. For Petitioner: Mr.P.Pugalenthi For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 29.06.2026 for the alleged offences under Sections 74, 75 of BNS and section 4 of TNPH of Women ( Amendment) Act, 2002 in Crime No.316 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis
CRL OP No. 19212 of 2026 __________ Page2 of 5
2. The case of the prosecution is that the petitioner was working as a trainer at a Private GYM and the de facto complainant joined in the said GYM as a customer. On the date of occurrence, the petitioner grabbed her hands and tried to hug the de facto complainant. Hence, the case. 3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that she has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. 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 been incarcerated since 29.06.2026, however, fairly conceded that the petitioner has no criminal antecedents. However, he opposed the grant of bail to the Petitioner. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. 6.
Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); considering https://www.mhc.tn.gov.in/judis
CRL OP No. 19212 of 2026 __________ Page3 of 5 the period of incarceration of the petitioner and upon the fact that the petitioner has no criminal antecedents, this Court is of the firm view that further custody of the petitioner for the purpose of investigation is not required. Hence, this Court is inclined to enlarge the petitioner on bail 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 5th Metropolitan Magistrate Court, Egmore, Chennai 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 law as if the aforementioned conditions have been imposed https://www.mhc.tn.gov.in/judis
CRL OP No. 19212 of 2026 __________ Page4 of 5 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. 22-07-2026 SHL 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 5th Metropolitan Magistrate Court, Egmore, Chennai. 2. The Central Prison-2, Puzhal, Chennai
3. The Inspector of Police K-4, Anna Nagar Police Station, Chennai. 4.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis
CRL OP No. 19212 of 2026 __________ Page5 of 5 C.KUMARAPPAN J. SHL CRL OP No. 19212 of 2026 22-07-2026 https://www.mhc.tn.gov.in/judis