Gunalan v. State Rep By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-07-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Gunalan S/o.Chandirakasan, No.85A, MIG 1st Cross Street, Mogappair East, Chennai 37.
..Petitioner(s) Vs State Rep By The Inspector of Police, W-8, Thirumangalam AWPS, Tiruvallur.
Crime No.15 OF 2026 ..Respondent(s) Prayer: Criminal Original Petition filed under section 483 of BNSS to enlarge the petitioner on bail by in pending investigation in Crime No.15 of 2026 on the file of Respondent Police Station pending investigation and thus render justice. For Petitioner(s):
M/s.P.Praveen Kumar For Respondent(s):
Mr.S.Yogaraja Sekar, Counsel for Government of Tamil Nadu (Criminal Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 30.05.2026 for the alleged offence under Sections 296(b), 318, 351(2) r/w 3(5) of BNS @ 296(b), 318(4), 351(2) r/w 3(5) of BNS Act, 2023 in Crime No.15 of 2026 on the file of the respondent police, seeks bail.
2. The allegation against the petitioner is that, by suppressing the fact of his earlier marriage, he proceeded with the betrothal ceremony with the defacto complainant on 12.04.2026, thereby cheating the defacto complainant and her family. It is further alleged that when they questioned him, the petitioner and his family members threatened the defacto complainant and her family with dire consequences. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner herein has been incarcerated since 30.05.2026. He further submitted that the co-accused have already been released on anticipatory bail on 17.06.2026. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays to grant bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecution's case and, upon instructions, submitted that that there are totally five accused and he fairly conceded that the co-accused have already been released on anticipatory bail in Crl.OP.No.14221 of 2026 on 17.06.2026.
5. I have given my anxious consideration to either side submissions and perused the materials available on record.
6. Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side), it is seen that the petitioner was remanded in judicial custody on 30.05.2026 and the coaccused have already been released on anticipatory bail on 17.06.2026. Hence, as rightly contended by the learned counsel for the petitioner that the petitioner is entitled to have parity with that of the co-accused. Hence, this Court is inclined to grant bail to the petitioner, subject to certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate, Ambattur, Chennai, and on further conditions that: [a] 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 the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 until further orders;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
01-07-2026 DRL 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.
To 1.The Judicial Magistrate, Ambattur, Chennai.
2. The Inspector of Police, W-8, Thirumangalam AWPS, Thiruvallur.
3.The Superintendent of Police, Central Prison Puzhal-II, Chennai.
4.The Public Prosecutor, High Court, Madras.
C.KUMARAPPAN, J.
DRL 01-07-2026