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Madras High CourtCRL OP/11712/2026granted

Gopal Krishnan v. The Sub Inspector Of Police,

2026-05-07Honourable Mrs.Justice L.Victoria Gowri5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-05-2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI 1.Gopal Krishnan 2.Vinoth Kumar.P 3.Kalaiselvan.K ..Petitioner(s) Vs The Sub Inspector of Police, Velachery Police Station, Chennai District.

(Crime No. 140 of 2026) ..Respondent(s) Prayer:- Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioners on anticipatory bail in the event of their arrest by the respondent police concerned in Crime No.140 of 2026, on the file of the Respondent Police.

For Petitioners :

Mr.S.Kasirajan 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), 132 and 351(2) of Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.140 of 2026 on the file of the respondent police seek anticipatory bail.

2. The case of the prosecution is that on 11.04.2026 at about 03:00 PM, the petitioners along with others and in furtherance of their common intention, wrongfully restrained the defacto complainant, abused him in filthy language, and criminally intimidated him, thereby causing fear and disturbance. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any such offence as alleged by the defacto complainant and they have been falsely implicated in this case. He further submitted that they are ready to abide by any stringent condition that may be imposed by this Court and they are ready to co-operate with the investigation. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for granting anticipatory bail to the petitioner.

5. Heard the submissions made by the learned counsel on either side and laso perused the materials available on record.

6. Considering the above facts and circumstances of the case, taking into account the submissions made by the learned Government Advocate (Criminal Side), this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned XVIII Metropolitan Magistrate-Saidapet, Chennai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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 fails to surrender before the concerned 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];

(e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

07-05-2026 nvi To

1. The XVIII Metropolitan Magistrate-Saidapet, Chennai.

2. The Sub Inspector of Police, Velachery Police Station, Chennai District.

3. The Public Prosecutor, High Court of Madras.

L.VICTORIA GOWRI, J.

nvi 07-05-2026