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2026 DAILYLAW 52668 (MAD)

G.M.Gwotham v. Inspector of Police,

CRL OP/18933/2026 · 2026-07-20

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18933 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 18933 of 2026 G.M.Gwotham S/o.Gopal, Residing at 70, Gandhi Street, Athipattu PO North Chennai Thermal Station, Dist. Thiruvallur, Tamilnadu 600120. ..Petitioner(s) Vs Inspector of Police, E-Minjur Police Station, Crime No.300 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to grant Anticipatory Bail in the event of their arrest by the Respondent Police in respect of the Crime No.300 of 2026 on the file of The Inspector of Police, E-3 Minjur Police Station, pending investigation and thus render justice. For Petitioner(s): Mr.P.Rajesh For Respondent(s): Ms.R.S.Indira, Government Advocate (Crl.Side) ORDER The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 296(b), 281, 115(2), 308(2), 351(2) of BNS, in Crime No.300 of 2026, on the file of the respondent Police, seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 18933 of 2026 __________ Page2 of 5 2. The allegation against the petitioner is that he, along with the other accused, under the influence of alcohol, assaulted the de facto complainant, thereby causing injuries to him, and further abused him in filthy language and threatened him with dire consequences, on the basis of which the present case came to be registered. 3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He further submitted that the co-accused was released on bail. Hence, he prays to grant anticipatory bail to the petitioner. 4. Per contra, the learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution's case and, upon instructions, submitted that the petitioner made an exorbitant demand of Rs. 25,000/- and collected a sum of Rs. 3,000/- from the de facto complainant. She further submitted that the petitioner has no criminal antecedents and that the injured has been discharged from the hospital. Hence, she opposed the grant of anticipatory bail to the petitioner 5. I have given my anxious consideration to either side submissions. https://www.mhc.tn.gov.in/judis CRL OP No. 18933 of 2026 __________ Page3 of 5 6. From the above submissions, it is seen that the occurrence took place on 23.06.2026, the petitioner has no previous antecedents, the injured was discharged from the hospital and that the co-accused was released on bail, this Court is of the view that at this length of time, the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.I, Ponneri, 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 https://www.mhc.tn.gov.in/judis CRL OP No. 18933 of 2026 __________ Page4 of 5 proofs to ensure their identity; (c) The petitioner shall report before the respondent police daily at 10.30 am for a period of 30 days and thereafter as and when required for interrogation; (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]; (e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 20-07-2026 DRL To 1.The Judicial Magistrate No.I, Ponneri. 2.The Inspector of Police, E-Minjur Police Station, Thiruvallur District. 3.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 18933 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. DRL CRL OP No. 18933 of 2026 20-07-2026 https://www.mhc.tn.gov.in/judis