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Madras High CourtCRL OP/11651/2026granted

Gobi v. State Rep.By Its,

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. Gobi

2. Settayee ..Petitioner(s) Vs State rep.by its, Inspector of Police, Kondalampatti Police Station, Salem District.

Cr.No.190 of 2026.

..Respondent(s) PRAYER: Criminal Original Petition is filed under Section 482 of BNSS, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Cr.No.190 of 2026, on the file of the Inspector of Police, Kondalampatti Police Station, Salem district / respondent police.

For Petitioner(s):

Mr.T Shanmugam For Respondent(s):

Mr.A.Gopinath, Government Advocate (Crl. Side)

ORDER

The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), 351(1)

of BNS Act, 2023 r/w 4 of the Tamil Nadu Prohibition of Women Harassment Act, in Crime No.190 of 2026, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners are ranked as Accused Nos.1 and 2 and that on 25.04.2026 the petitioners alleged to have approached the defacto complainant's house to invite her for baby shower function, the defacto complainant alleged to have thwarted the petitioners from entering her house premises and alleged to have locked the gate by saying that as already they have previous enmity, the petitioners should not enter her house premises. It is further alleged that the 1st petitioner alleged to have leaped the wall and alleged to have scolded the defacto complainant using filthy languages and both the petitioners alleged to have assaulted the defacto complainant. Hence this case.

3. The learned counsel appearing for the petitioner submitted that the petitioners have been falsely implicated in this case and the petitioners have not committed any offence. He seeks this Court to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioners are serious

in nature and there was some wordy quarrel between the petitioners and the defacto complainant, the injured was discharged from hospital.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioners shall 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 Additional Mahila Court, Salem, within a period of fifteen days from the date on which the order made ready and on further conditions that:

[a] the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b] The petitioners shall deposit a sum of Rs.5000/-(Rupees Five Thousand only) non-refundable, to the account of CANCER INSTITUTE (WIA), maintained with Andhra Bank, Madhya Kailash Branch, bearing SB Account No.149710011005477, IFS Code No.ANDB0001497, Branch Code 1497 and MICR No.600011049 and the receipt of such payment shall be produced before the concerned Magistrate at the time of execution of the bond for the purpose of ensuring the identity.

[c] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders.

[d] the petitioners shall not tamper with the evidence or witness either during investigation or trial.

[e] the petitioners shall not abscond either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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 of BNS.

07-05-2026 RNA To

1. The learned Additional Mahila Court, Salem.

2. The Inspector of Police, Kondalampatti Police Station, Salem District.

3. The Public Prosecutor, High Court, Madras.

L.VICTORIA GOWRI, J.

RNA 07-05-2026