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2026 DAILYLAW 58532 (MAD)

Bhuvaneshwaran @ Gukan v. State Of Tamilnadu Rep By Inspector Of Police, Keelavalavu

CRL OP(MD)/15474/2026 · 2026-07-27

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD)No.15474 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.07.2026 PRESENT THE HONOURABLE MR.JUSTICE K. RAJASEKAR CRL OP(MD)No.15474 of 2026 Bhuvaneshwaran @ Gukan ... Petitioner / Accused No.1 Versus The State of Tamil Nadu, Rep by the Inspector of Police, Keelavalavu Police Station, Madurai District. (Crime No.215 of 2026) ... Respondent/Complainant PRAYER :-Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioner on bail in the event of arrest in Crime No.215 of 2026 on the file of the respondent police, or on his appearance. For Petitioner : Mr.B.Santhanam Rajesh Kumar For Respondent : Mr.T.Lenin Kumar, Counsel for State of TN (Criminal Side) 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD)No.15474 of 2026 ORDER : The Court made the following order :- The petitioner, who apprehends arrest in connection with Crime No.215 of 2026 on the file of the respondent police, registered for the offences punishable under Sections 296(b), 333, 127(2), 109, 118(1) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998, seeks the relief of anticipatory bail. 2. The allegations against the petitioner is that, owing to previous enmity, the petitioner, along with the other accused, trespassed into the house of the defacto complainant and attacked her with a knife, causing injuries. Hence, the case. 3. The learned counsel for the petitioner submitted that though the petitioner has been arrayed as Accused No.1, the specific overt act of attacking the defacto complainant with a knife is attributed only to the other accused. As far as the petitioner is concerned, the allegation is that he pushed the defacto complainant and kicked her husband. It is further submitted that the petitioner has no previous criminal antecedents and is 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD)No.15474 of 2026 willing to cooperate with the investigation. 4. Per contra, the learned Counsel for State (Criminal Side) reiterated the prosecution case and submitted that the petitioner is actively participated in the occurrence. It is further submitted that the complaint discloses the overt act attributed to the petitioner and, therefore, he is not entitled to the discretionary relief of anticipatory bail. 5. This Court has carefully considered the rival submissions and perused the materials available on record. 6. Considering the nature of the allegations, the fact that the injured has already been discharged from the hospital, and the fact that the petitioner has no previous criminal antecedents, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions. 7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD)No.15474 of 2026 Judicial Magistrate, Melur, Madurai District, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further conditions that: (a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of three weeks, and thereafter as and when required for the interrogation; (c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or trial; (e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD)No.15474 of 2026 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) AIR SCW 5560]; and (f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. 27.07.2026 pal To 1.The Judicial Magistrate, Melur, Madurai District. 2.The Inspector of Police, Keelavalavu Police Station, Madurai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD)No.15474 of 2026 K. RAJASEKAR ,J. pal ORDER IN CRL OP(MD) No.15474 of 2026 Date : 27.07.2026 6/6 https://www.mhc.tn.gov.in/judis