Gokul v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13368 of 2025 Gokul ....

Petitioner Vs 1.State Rep by The Inspector of Police, Tharamangalam Police Station, Salem District.

Crime No.176 of 2025

2. Pachaiyammal ....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to impugned remand order in Crime No.176 of 2025 on the file of the learned Judicial Magistrate, Omalur and set aside the same. For Petitioner : Mr.Sunil Kumar R For R1 : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed challenging the order of remand dated 27.03.2025 on the ground that the Principal Sessions Judge, Salem, did not entertain the bail application.

2. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) appearing for the first respondent and perused the materials available on record.

3. The learned counsel appearing for the petitioner submitted that at the instigation of the Sessions Court, the petitioner was compelled to withdraw the bail application, contending that the alleged occurrence had taken place within the jurisdiction of Kumarapalayam Police Station and therefore, the bail application ought to have been filed before the Sessions Court at Namakkal District.

4. A perusal of the records reveals that the first respondent registered an FIR in Crime No.176 of 2025. Pursuant to the registration of the FIR, the petitioner was arrested and remanded to the judicial custody by the Inspector of Police, Omalur, which falls within the jurisdiction of Salem District. Accordingly, the petitioner filed a bail application before the Principal Sessions Court at Salem. However, the same was not entertained.

5. In view of the above, the petitioner is directed to file a fresh bail petition before the Principal Sessions Judge, Salem. On receipt of such bail petition, the Principal Sessions Judge, Salem, is directed to consider the same on merits and in accordance with law.

6. With the above direction, this Criminal Original Petition stands disposed of.

29.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp Note : Issue order copy today i.e., on 29.04.2025 To The Principal Sessions Judge, Salem

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.13368 of 2025 29.04.2025