Citation : 2026 Latest Caselaw 2388 Mad
Judgement Date : 7 May, 2026
CRL OP No. 11082 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
CRL OP No. 11082 of 2026
Gopalakrishnan
..Petitioner(s)
Vs
The State rep by
The Inspector of Police
Veerapandi Police Station,
Tiruppur.
Crime No.83 of 2026
..Respondent(s)
Criminal Original Petition has been filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to enlarge the petitioner on
bail pending investigation in Crime No.83 of 2026 on the file of the Inspector of
Police, Veerapandi Police Station, Tiruppur.
For Petitioner(s): Mr.P.Thinesh
For Respondent(s): Mr.V.J.Priyadarsana
Government Advocate
(Criminal Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
24.02.2026 for the alleged offences under Sections 191(2), 191(3), 296(b),
127(2), 115(2), 118(1), 109 and 351(3) of Bharatiya Nyaya Sanhita (BNS),
2023, in Crime No.83 of 2026 on the file of the respondent police, seek bail.
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2. The case of the prosecution is that the defacto complainant married a
woman from a different locality, and they have a child from the said wedlock.
When the de facto complainant and his wife visited the village to introduce the
child to their parents, the petitioner and others, owing to previous enmity,
allegedly attacked him with a knife, causing grievous injuries. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner
is innocent and has been falsely implicated in this case. He would further submit
that the petitioner has been in custody since 24.02.2026 and is ready to abide by
any stringent conditions that may be imposed by this Court. He would further
submit that the petitioner, without prejudice to the defence and contention, is
ready and willing to deposit a sum of Rs.10,000/-, to any welfare scheme of the
Government or any other organization. Hence, he prayed for the grant of bail.
4. The learned Government Advocate (Criminal Side) appearing for the
respondent, while opposing the grant of bail to the petitioner, reiterated the
prosecution case and, on instructions, submitted that the injured person was
discharged from the hospital after 30 days of treatment, but the investigation is
still pending.
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5. Heard learned counsel for the petitioner and the learned Government
Advocate (Crl.Side) appearing for the respondent and perused the materials
available on record.
6. Considering the voluntary submission made by the learned counsel for
the petitioner, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees
Ten Thousand only) as non-refundable deposit, to the credit of “CANCER
INSTITUTE (WIA), Adayar, Savings Bank Account maintained at Andhra
Bank, Madhya Kailash Branch, Cancer Institute(WIA), Dr.S.Krishnamurthi
Campus, Sardar Patel Road, Chennai-36, bearing SB Account
No.149710011005477, IFS Code No.ANDB0001497, Branch Name and Code
1497, MICR No.600011049’ without prejudice to the right of defence before
the Trial Court and making it clear that it would not amount to admission of
guilt.
7. Considering the above facts and circumstances, the voluntary
submissions made by the learned counsel for the petitioner and the period of
incarceration undergone by the petitioner and the fact that the injured person has
been discharged from the hospital, this Court is inclined to enlarge the petitioner
on bail with certain conditions.
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8. Accordingly, the petitioner is ordered to be released on bail on their
executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with
two sureties each for a like sum to the satisfaction of the learned Judicial
Magistrate No.IV, Tiruppur, and subject to the following conditions:
[a] 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 the identity proofs to ensure their identity;
[b] the petitioner shall report before the respondent police everyday at 10.30 a.m. and 05.30 p.m, until further order; [c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];
[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.
07-05-2026 (1/2) Jeni
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Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To
1.The Judicial Magistrate No.IV, Tiruppur.
2.The Superintendent, Central Prison, Tiruppur.
3.The Inspector of Police, Veerapandi Police Station, Tiruppur.
4.The Public Prosecutor, High Court of Madras, Chennai.
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L.VICTORIA GOWRI, J.
Jeni
07-05-2026 (1/2)
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