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Madras High Court
Gomathi vs The State Rep By, The Inspector Of Police on 6 May, 2026
CRL OP No. 11698 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
CRL OP No. 11698 of 2026
1. Gomathi
C/o.Sakthivel,
No.9/180, Thippampatti,
Kattuvalavu, Konur,
Salem-636 404.
2. Sakthivel
S/0.Jayakodi,
No.9/180, Thippampatti,
Kattuvalavu, Konur,
Salem-636 404.
3. Karthik
S/o.Settu,
D.No.2/269, Kaspakattuvalavu,
Periyasogai, Mettur,
Salem-636 502.
4. Murugan
S/o.Settu,
D.No.2/269, Kaspakattuvalavu,
Periyasogai Mettur,
Salem 636 502.
5. Settu
S/o.Andiyappan,
D.No.2/269, Kaspakattuvalavu,
Periyasogai, Mettur,
Salem-636 502.
6. Srimathi
C/o0.Murugan Settu,
D.No.2/269, Kaspakattuvalavu,
Periyasogai, Mettur,
Salem-636 502.
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CRL OP No. 11698 of 2026
7. Vasantha
W/o.Settu,
D.No.2/269, Kaspakattuvalavu,
Periyasogai, Mettur,
Salem-636 502.
..Petitioner(s)
Vs
The State Rep By,
The Inspector of Police
Nangavalli Police Station,
Salem District.
Crime No. 88 of 2026.
..Respondent(s)
PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023,
praying to enlarge the Petitioners on bail in the event of their arrest by the
respondent police in Crime No.88 of 2026 pending investigation on the file of
Inspector of Police, Nangavalli Police Station, Salem District .
For Petitioner(s): Mr.A. Saravanan
For Respondent(s): Mr.A.Gopinath,
Government Advocate (crl.side)
ORDER
The petitioners apprehend arrest for the alleged offence under Sections
296(b), 115(2) and 118(1) of B.N.S.,2023 in Crime No.88 of 2026 on the file of
the respondent police seek anticipatory bail.
2. The allegation against the petitioners is that the de facto complainant is
having land adjacent to the petitioner’s land and when the petitioners have
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insisted the de facto complainant not to enter their land, on 12.04.2026, she
trespassed into their land and picked tamarind. Therefore, there was a dispute
arose between them, as a result of which, they said to have abused the de facto
complainant in filthy language, assaulted with hands and also criminally
intimidated her. Hence, the complaint.
3. The learned counsel for the petitioners submitted that they are relatives
and when a land dispute arose between them, the de facto complainant used to
trespass their land and caused interference. He would submit that they are
innocent persons and they have not committed any offence as alleged in the
complaint. He would further submit that they are ready and willing to abide any
condition that may be imposed by this court and they undertake to cooperate
with the investigation. He would also submit that as a counterblast for the
complaint lodged by the petitioners in Crime No. 89 of 2026, the de facto
complainant had lodged the present complaint. Accordingly, he prayed to grant
anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the
respondent reiterated the prosecution case. He further submitted that the
petitioners attacked the defacto complainant and caused severe injuries to her.
Hence, he opposed to grant anticipatory bail to the petitioners.
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5. At this juncture, the learned counsel for the petitioners submitted that
the petitioners, without prejudice to their defense and contention, are ready and
willing to deposit an amount of Rs.5,000/- each to any association. Hence, he
prays for grant of bail to the petitioner.
6. I have given anxious consideration to the submissions made by the
learned counsel on either side and also perused the records available.
7. Considering the fact that the injured discharged from the hospital and
as a counterblast for the complaint lodged by the petitioners in Crime No. 89 of
2026, the de facto complainant had lodged the present complaint and also taking
note of the fact that the petitioners have come forward to deposit an amount of
Rs.5,000/- each to the credit of "Tamil Nadu Advocate Clerk Association,
Chennai”, this Court is inclined to enlarge the petitioners on anticipatory bail,
subject to certain conditions.
8. Accordingly, the petitioners shall pay a sum of Rs.5,000/- (Rupees five
Thousand only) each as cost to the Tamil Nadu Advocate Clerk Association,
Chennai and on such payment, the petitioners are ordered to be released on bail
in the event of arrest or on their appearance, within a period of fifteen days from
the date on which the order copy made ready, before the learned Judicial
Magistrate Court -I, Mettur, on condition that the petitioners shall execute a
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bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each, with
two sureties each, for a like sum to the satisfaction of the learned Magistrate
concerned, and on further conditions:
(a) If the petitioners fail 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
proofs to ensure their identity;
(c) The petitioners 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 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 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];
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(e) If the petitioners thereafter abscond, a fresh FIR can be
registered under Section 269 of BNS Act.
06-05-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
RPP/JRS
To
1.The Judicial Magistrate Court-I, Mettur.
2.The Inspector of Police
Nangavalli Police Station, Salem District.
3.The Public Prosecutor, High Court, Madras.
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L.VICTORIA GOWRI J.
rpp/jrs
06-05-2026
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