Gokul vs Home, Prohibition And Excise ...
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Madras High Court

Gokul vs Home, Prohibition And Excise ... on 14 May, 2026

                                                                           CRL OP No. 12559 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                   DATED: 14-05-2026
                                                       CORAM
                                    THE HON'BLE MR.JUSTICE P. DHANABAL
                                               CRL OP No. 12559 of 2026

                Gokul

                                                                                 ..Petitioner(s)
                                                          Vs
                State rep by the Inspector of Police,
                Dharmapuri Police Station,
                Dharmapuri District
                Cr.No.85 of 2026
                                                                               ..Respondent(s)

                Prayer: The Criminal Original Petition is filed under Section 483 of B.N.S.S., to
                enlarge the petitioner on bail in Cr.No.85 of 2026 on the file of the respondent
                police.


                              For Petitioner(s):       Mr.Krishnasamy Chinnasamy

                              For Respondent(s):       Mr.V.J.Priyadarsana
                                                       Government Advocate (Crl.Side)



                                                        ORDER

The petitioner, who was arrested and remanded to judicial custody on

13.02.2026 for the offences punishable under Sections 296(b) and 103 of BNS

Act, 2023 in Cr.No.85 of 2026 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the petitioner and the deceased were

husband and wife. On 10.02.2026, the petitioner, in an inebriated condition,

abused the deceased in filthy language and that A2, the mother-in-law of the

deceased, poured kerosene on her, as a result of which the deceased sustained

severe burn injuries. The deceased was admitted to the hospital for treatment;

however, despite medical intervention, she succumbed to her injuries. Hence,

the case.

3. The learned counsel for the petitioner would contend that the

petitioner is under judicial custody since 13.02.2026. He further submits that the

petitioner is an innocent person and he has not committed any offence as

alleged by the prosecution. He further submitted that there is no specific overt

act against the petitioner. Therefore he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) reiterated the

prosecution case and submitted that there is no previous case as against the

petitioner. However, he vehemently opposed for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record.

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6. Considering the rival submissions made on both sides, the nature of

offence and that there is no previous case against the petitioner and further even

according to the prosecution case, the allegation is only against A2 and no

specific overt act has been attributed against the petitioner as well as the period

of incarceration undergone by the petitioner, this Court is inclined to grant bail

to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on

bail on condition to execute 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.1,

Dharmapuri and on further conditions that:

[b] the petitioner shall report before the respondent

Police daily at 10.30 a.m until further orders;

[c] the petitioner shall not commit any offence similar to

the offence of which she is accused, or suspected, or of the

commission of which she is suspected;

[d] the petitioner shall not abscond either during

investigation or trial;

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[e] the petitioner shall not directly or indirectly make any

inducement, threat or promise to any person acquainted with the

facts of the case so as to dissuade her from disclosing such facts to

the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the

learned Judicial 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

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].

[g] If the accused thereafter absconds, a fresh FIR can be

registered under Section 269 B.N.S.2023.

14-05-2026

Anu 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.

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To

1. The Judicial Magistrate No.1, Dharmapuri

2. The Inspector of Police Dharmapuri Police Station, Dharmapuri District

3. The Superintendent District Prison, Dharmapuri

4. The Public Prosecutor, Madras High Court.

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P.DHANABAL, J.

Anu

14-05-2026

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