Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 61422 (MAD)

Gopi v. The State, represented by The Inspector of Police,

CRL OP/23165/2026 · 2026-08-19

N Ramesh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 23165 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH CRL OP No. 23165 of 2026 1. Gopi S/o Balakrishnan, 65, New Kacheri Street, Ponneri, Tiruvallur District-601204. 2. Sugumar S/o.Babu, 25, Jeeva Street, Thiruvallur District 601204. 3. Mukundhan S/o.Mari, Vallalar Street, Old Bus Stand, Ponneri, Thiruvallur District - 601204. ..petitioners(s) Vs The State, represented by The Inspector of Police, Ponneri Police Station, Thiruvallur District, Tamilnadu. Crime No.251 of 2026 ..Respondent(s) Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS) 2023, to enlarge the petitioners on bail in the event of his arrest concern in Crime No.251 of 2026, on the file of the Sub Inspector of Ponneri Police Station, Thiruvallur District, on such term and conditions as this Court may deem fit and proper. For petitioners(s): Mr. S. Kasirajan For Respondent(s): Mr. R. Rajasekaran, Government Advocate (Crl.side) https://www.mhc.tn.gov.in/judis CRL OP No. 23165 of 2026 __________ Page2 of 6 ORDER The petitioners, apprehending arrest at the hands of the respondent Police for the alleged offences punishable under Sections 296(b), 115(2)B, 118(1) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.251 of 2026 on the file of the respondent Police, have approached this Court seeking anticipatory bail. 2. The case of the prosecution is that during a temple festival, a clash broke out between two groups regarding a banner dispute. At that time, the petitioners allegedly assaulted the defacto complainant with his hands, voluntarily causing simple injuries. It is further alleged that the petitioners abused him in filthy language and also threatened him with dire consequences. Hence, the complaint. 3. The learned counsel for the petitioners submitted that the petitioners are innocent persons who have never indulged in any offence as alleged by the prosecution. He also submitted that the petitioners is a law- abiding citizen, ready to abide by any stringent conditions that may be imposed by this Court, and therefore, prayed for the grant of anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 23165 of 2026 __________ Page3 of 6 4. The learned Government Advocate (Criminal Side) appearing for the respondent State reiterated the case of the prosecution and, on instructions, submitted that during a temple festival, a clash broke out between two groups regarding a banner dispute. At that time, the petitioners allegedly assaulted the defacto complainant with hand, abused him in filthy language, caused simple injuries, and threatened him with dire consequences. He further submitted that the petitioners have no previous cases pending against them, the investigation is still underway, and therefore he opposed the grant of anticipatory bail. 5. Considering the facts and circumstances of the case, the nature of the allegations levelled against the petitioners, and the fact that the petitioners have no criminal antecedents, this Court is of the considered view that the custodial interrogation of the petitioners is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate No.2, Ponneri, on condition that the petitioners 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 Magistrate https://www.mhc.tn.gov.in/judis CRL OP No. 23165 of 2026 __________ Page4 of 6 concerned, and on further conditions: (a) If the petitioners fails to surrender before the concerned 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 suretyship (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 petitioners shall report before the respondent Police everyday at 10:30 A.M., for a period of two weeks, 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 19-08-2026 KLT https://www.mhc.tn.gov.in/judis CRL OP No. 23165 of 2026 __________ Page5 of 6 To 1. The Judicial Magistrate No.II, Ponneri. 2.The Inspector of Police, Ponneri Police Station, Thiruvallur District. 3.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 23165 of 2026 __________ Page6 of 6 N.RAMESH, J. KLT CRL OP No. 23165 of 2026 19-08-2026 https://www.mhc.tn.gov.in/judis