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2026 DAILYLAW 55783 (MAD)

S.Gokulraj v. The Superintendent of Police

CRL A/752/2026 · 2026-07-24

M Nirmal Kumar

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL A Nos. 752 & 835 of 2026 __________ Page1 of 11 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-07-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR CRL A No. 752 of 2026 AND CRL A NO. 835 OF 2026 CRL A No. 752 of 2026 S.GokulrajS/o Selvaraj, 1/168-4, West Street, Koovadu Post,Ulundurpet, Kallakurichi District. ..Appellant/A1 Vs 1. The Superintendent of Police The District Superintendent of Police Office, Kallakurichi. 2. The Inspector of Police Kalamaruthu Police Station, Kallakurichi District.Crime No.111 of 2026 3. V.Veeramani S/o Veerasamy, Main Road, Pa.Killanur, Ulundurpet, Kallakurichi District. ..Respondent(s) CRL A No. 835 of 2026 S.TamizhselviW/o. Selvaraj, No.1/68-4, West Street, Koovadu Village and Post, Ulundurpettai Taluk, Kallakurichi District. ..Appellant/A2 Vs 1. The State Rep by its The Deputy Superintendent of Police, Ulundurpet Sub Division, Kallakurichi District. https://www.mhc.tn.gov.in/judis CRL A Nos. 752 & 835 of 2026 __________ Page2 of 11 2. The Inspector of Police Kalamaruthur Police Station, Crime No.111 of 2026, Kallakurichi District. 3. Veeramani S/o. Veerasamy, Main Road, Pa. Killanoor, Ulundurpet Taluk, Kallakurichi District. ..Respondent(s) PRAYER in Crl.A.No.752 of 2026: This criminal appeal filed under Section 14 A (2) of Scheduled Castes/Schedule Tribes (POA) Amendment Act to set aside the order dated 01.06.2026 passed in Crl.M.P.No.853 of 2026 by the Learned Principal District and Sessions Judge at Kallakurichi and enlarge the appellant on bail in Crime No.111 of 2026 on the file of the respondent police or other orders as it may deem fit and proper in the circumstances of the case and thus render justice. PRAYER in Crl.A.No.835 of 2026: This criminal appeal filed under Section 14 A (2) of Scheduled Castes/Schedule Tribes (POA) Amendment Act to set aside the order dated 01.07.2026 passed in Crl.M.P.No.1191 of 2026 on the file of the Learned Principal District and Sessions Judge at Kallakurichi and enlarge the appellant on bail in connection with the case in Crime No.111 of 2026 on the file of the 2nd respondent police by allowing this criminal appeal and thus render justice. CRL A No. 752 of 2026 For Appellant(s): Mr.R.Suryaprakash For Respondents-1 & 2: Mrs.Sharada Vivek, Government Advocate (Crl. Side) For Respondent-3 : Ms.R.Madhubala Legal Aid Counsel https://www.mhc.tn.gov.in/judis CRL A Nos. 752 & 835 of 2026 __________ Page3 of 11 CRL A No. 835 of 2026 For Appellant(s): Mr.M.Karthick for Mr.T.Mohanraju For Respondents-1 & 2: Mrs.Sharada Vivek, Government Advocate (Crl. Side) For Respondent-3 : Mr.K.C.Karlmarx COMMON ORDER This Court, by an order dated 21.07.2026, passed the following order: “The appellant/A1 in Crl.A.No.752 of 2026 was arrested on 05.05.2026. The appellant/A2 in Crl.A.No.835 of 2025 was arrested on 17.06.2026. Both the appellants were arrested in Crime No.111 of 2026. Initially the case was registered for offence under Section 194 of BNSS, later it was altered to Section 108 of BNS r/w 3(2)(v) of SC/ST Act and thereafter, altered to Sections 69, 108 of BNS, 2023 and Section 3(1)(w)(i), 3(2)(v) of SC/ST Act. 2. Initially, a case under suspicious death registered on the complaint lodged by the third respondent/de facto complainant, who is the father of the deceased. The de facto complainant has four children, one son and three daughters. Out of the three daughters, two daughters already married. His son and the deceased daughter were yet to be married. The de facto complainant and his wife are daily wage earners. On 28.04.2026, at about 9.30 p.m., the deceased informed her parents that she was going to attend the Koovagam, Koothandavar temple festival and would return home. On 29.04.2026 at about 3.30 a.m., the deceased and one Bommi were brought back and dropped by A1/Gokul. On 30.04.2026, at about 12.30 noon, the deceased was found floating in the well belonging to https://www.mhc.tn.gov.in/judis CRL A Nos. 752 & 835 of 2026 __________ Page4 of 11 one Ashrapuli. Thereafter, the body was retrieved and sent to the Government Hospital for post-mortem. 3. The learned counsel for the appellant/A1 submitted that the appellant/A1 and the deceased were in love with each other. Both had gone to the temple festival on the night of 28.04.2026 and on 29.04.2026, the appellant dropped the deceased at her house at 3.30 a.m., where he was questioned by the third respondent/de facto complainant, who objected their relationship and shouted at the appellant/A1. Thereafter, on the next day, the appellant/A1 came to know that the deceased committed suicide. Unable to bear the shock, the appellant immediately consumed pesticide poison and he was rushed to the Government Medical College Hospital, Kallakurichi and took treatment as inpatient from 01.05.2026 to 05.05.2026. Due to the timely medical intervention, he could be saved. Immediately after his discharge, he was arrested in this case and is in prison for more than 77 days. 4. The learned counsel for the appellant/A2 submitted that the only allegation against the appellant/A2 is that, when the deceased contacted her son/A1 seeking for a marriage, the appellant/A2, being his mother, abused the deceased using her caste name and threatened her. She further stated that the deceased belonged to the SC community and the appellant belonged to the MBC community and therefore, the marriage could not take place. This act led to the death of the deceased. 5.The learned Legal Aid Counsel for the third respondent/de facto complainant in Crl.A.No.752 of 2026 submitted that the deceased in this case was two months pregnant. When the deceased asked for the marriage, the appellant/A1 refused to marry her citing https://www.mhc.tn.gov.in/judis CRL A Nos. 752 & 835 of 2026 __________ Page5 of 11 her caste. Finding that she had become pregnant, the deceased feared that her conduct and family name would be tarnished by the villagers. Left with no other option, she ended her life. The foetus was collected and DNA test report is awaited. Hence, strongly opposed for granting bail to the appellant/A1. 6.The learned counsel for the third respondent/de facto complainant in Crl.A.No.835 of 2026 submitted that in this case the deceased and the appellant’s son/A1 were in love with each other and the appellant/A1 committed penetrative sexual act, due to which, the deceased became pregnant and later when she requested for marriage, the appellant/A2 citing her caste name, abused her and also threatened her not to come to her house. Further the appellant/A2 also stated that though her son had a physical relationship with the deceased, she would not accept the relationship and the deceased should marry a person belonging to her community. These words abetted the deceased to end her life. He further submitted that in this case the death of the victim is doubtful as to whether it was a suicide or murder. According to the de facto complainant, it is an honour killing, hence strongly opposed for granting bail to the appellant/A2. 7. The learned Government Advocate (Criminal Side) submitted that in this case, the investigation is still in progress. The Post-mortem certificate obtained and DNA report received. The DNA report confirms that the appellant/A1 is the biological father of the foetus. She further submitted that the Post-mortem report confirms the death was due to drowning. Now the mobile phones of all concerned seized and sent for forensic examination. She seeks small accommodation to file a status report in this regard. 8. Post these cases on 24.07.2026.” https://www.mhc.tn.gov.in/judis CRL A Nos. 752 & 835 of 2026 __________ Page6 of 11 2.In continuation of order dated 21.07.2026, the learned Government Advocate (Criminal Side) today filed the counter in both the appeals. (i).As regards the appeal in C.A.No.752 of 2026, pertaining to A1, objection is that LW4, who is friend of the deceased, stated about wordy quarrel happened between deceased and accused on 28.04.2026 at Koovagam festival at about 22 hours and she is eyewitness to the quarrel. LW3 Sneha elder sister of the deceased confirmed about verbal abuse and A1 not married the deceased knowing well that she has been pregnant and he is the reason for her death. The mobile phone of A1 seized and sent to Forensic Science Laboratory, Chennai on 17.07.2026 with top priority letter. Further, the mobile phone of the deceased also seized and produced before the Principle District Judge, Court, Kallakurichi on 23.07.2026 and it will be sent to Forensic Science Laboratory for comparison of call details, tower location could confirm the closeness, in which, deceased and accused were together, immediately, prior to the death and their contacts. The CDR also obtained and DNA of foctus test confirms that paternity of A1. Further submitted that now the post mortem doctor and post mortem report confirm the death is due to drowning. (ii).As regards counter and objection filed in C.A.No.835 of 2026 for A2, LW3 Sneha elder sister of deceased stated that even A1 was ready to marry her but for the objections of her mother A2, who threatened that if A1 married the https://www.mhc.tn.gov.in/judis CRL A Nos. 752 & 835 of 2026 __________ Page7 of 11 deceased belongs to Schedule Caste Community, she would commit suicide. Hence, marriage could not be performed. (iii).The 3rd respondent filed a common counter and objections stating that he suspecting honour killing and his daughter is a strong and bold girl and she would always like challenges and face it with courage and his daughter would always criticize persons committing suicide and she advised others not to take such decision. In such circumstances, his daughter committed suicide is highly doubtful. He came to know about the relationship between his daughter and Gokulraj, through her daughter’s friend Pommi @ Mahalakshmi, who confirmed that Gokulraj promised his daughter that he would marry her and had physical relationship with her and projected as though he is having love affair to fulfil his lust. Thereafter, on coming to know about her pregnancy, he started avoiding her and failed to marriage. His daughter knowing that she became pregnant and Gokulraj will not marry her, left with no other option ended her life and strongly opposed to grant bail. 3.Considering the submissions made and on perusal of the records available on record, it is seen that in this case, investigation is proceeding on the right direction, the doctor confirmed the death of the deceased due to drowning DNA test confirmed the paternity of A1 and the mobile phone of A1 as well as the deceased were collected and sent for forensic examination. The elder sister of the deceased Sneha statement was recorded to confirm the love affair, close https://www.mhc.tn.gov.in/judis CRL A Nos. 752 & 835 of 2026 __________ Page8 of 11 relationship and also the physical relation of the deceased and A1. Hence, this Court is not inclined to grant bail to A1. Accordingly, Crl.A.No.752 of 2026 is dismissed. (i).As regards to A2, the objection is that LW3 Sneha, sister of deceased stated that A2 objected for the marriage and she threatened that she would commit suicide if her son Gokulraj married the deceased. In view of the above, this Court is inclined to grant bail to A2. 4. Accordingly, the appellant/A2 is ordered to be released on bail subject to the following conditions; (a) The appellant/A2 shall execute a bond for a sum of Rs.5,000/- (Rupees Five Thousand only), with two sureties, each for a like sum to the satisfaction of the learned Principal District and Sessions Judge, Kallakurichi. (b) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Sessions Judge may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) The appellant/A2 is directed to appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required. (d) The appellant/A2 shall not give any inconvenience or trouble knowingly or unknowingly to the third respondent, failing which, the bail shall be cancelled without any further reference. https://www.mhc.tn.gov.in/judis CRL A Nos. 752 & 835 of 2026 __________ Page9 of 11 (e)The appellant/A2 shall not abscond either during investigation or trial; (f) The appellant/A2 shall not tamper with evidence or witness either during investigation or trial; (g) on breach of any of the aforesaid conditions, the learned Principal District and Sessions Judge, Kallakurichi /Trial Court is entitled to take appropriate action against the appellant/A2 in accordance with law as if the conditions have been imposed and the appellant released on bail by the learned Sessions Judge /Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; (h) if the appellant/A2 thereafter absconds, a fresh FIR can be registered under Section 229A IPC. With the above direction, the impugned order dated 01.07.2026 made in Crl.M.P.No.1191 of 2026 on the file of the Principal District and Sessions Judge, Kallakurichi, is set aside and the Criminal Appeal is, accordingly, allowed in respect of appellant/A2 alone. 24-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sms https://www.mhc.tn.gov.in/judis CRL A Nos. 752 & 835 of 2026 __________ Page10 of 11 To 1. The Principle District and Sessions Judge, Kallakurichi. 2. Women’s Prison, Villupuram. 3. The Superintendent of Police The District Superintendent of Police Office, Kallakurichi. 4. The Inspector of Police Kalamaruthu Police Station, Kallakurichi. 5. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL A Nos. 752 & 835 of 2026 __________ Page11 of 11 M.NIRMAL KUMAR J. sms CRL A No. 752 of 2026 AND CRL A NO. 835 OF 2026 24-07-2026 https://www.mhc.tn.gov.in/judis