S.Gopinath v. State Rep.By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN S.Gopinath S/o.Sivanandam, No.3/149, Mariyamman Koil Street, Pozhichalur, Chengalpattu District.

Pin-600 074.

..Petitioner(s) Vs State rep.by, The Inspector of Police, T-16, Semmancherry Police Station, Sholinganallur, Chennai-600 119.

Cr.No.37 of 2026.

..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on bail in the event of their arrest in Cr.No.37 of 2026 on the file of the Inspector of Police, T-16, Semmancherry Police Station, Tambaram, Chennai.

For Petitioner(s):

Mr. M THAMIZH ELAKKIYA For Respondent(s):

MR.S.YOGARAJA SEKAR, GOVT.ADVOCATE (CRL.SIDE )

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 296(b), 115(2) of BNS Act, and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998 in Crime No.37 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that, due to a land dispute between the petitioner and the defacto complainant, the present complaint has been lodged.

3. The learned counsel appearing for the petitioner submitted that the present case arises out of a civil dispute between the petitioners and the defacto complainant and have been falsely foisted upon the petitioners. He further submitted that the co-accused have already been granted anticipatory bail by this Court in Crl.OP.No.6834 of 2026 dated 17.03.2026. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submitted that it is a case and a counter case. He further submitted that the co-accused have already been granted anticipatory bail by this Court. Hence, he opposed to grant anticipatory bail to the petitioner.

5. I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.

6. Considering the above factual position and upon the fact that the coaccused have already been granted anticipatory bail, at this length of time, no

custodial interrogation of the petitioner is required,. Hence, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned District Munsif cum Judicial Magistrate, Sholinganallur, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner fails 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 petitioner shall report before the respondent police daily 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

01-06-2026 DRL To 1.The District Munsif cum Judicial Magistrate, Sholinganallur.

2.The Inspector of Police, T-16, Semmancherry Police Station, Sholinganallur, Chennai-600 119.

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 01-06-2026