Gowtham @ Gowthaman Kathappan v. The State Rep by the Inspector of Police

ORDER The petitioners apprehend arrest for the alleged offences under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, 2023, in Crime No.138 of 2026 on the file of the respondent police seeks anticipatory bail.

¶2The case of the prosecution is that on 12.07.2026, near the Kangayam Palayam cremation ground, a dispute arose during a relative's funeral where the petitioners assaulted the de facto complainant, attacked him with a wooden log, and threatened him with dire consequences. Hence, the case.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent and has not committed any offence as alleged by the prosecution and that they have been falsely implicated in this case. He further submitted that the petitioners are ready to co-operate with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioners.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police opposed the anticipatory bail application and submitted that the injured has been discharged from the hospital on 15.07.2026. She further submitted that the petitioners have no previous cases.

¶5Taking into consideration of the totality of the circumstances and the fact that the petitioners have no previous criminal antecedents and that the injured has been discharged from the hospital, this Court is of the firm view that, at this length of time, custodial interrogation of the petitioners is not required for the purpose of investigation. Hence, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

¶6Accordingly, 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 District Munsif cum Judicial Magistrate, Erode District, on condition that the petitioners shall execute a separate 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 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 two weeks;

(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.

24.07.2026 cda To

1.The District Munsif cum Judicial Magistrate, Erode District.

2.The Inspector of Police, Modakurichi Police Station, Erode District.

3.The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J. cda

24.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN 1.Gowtham @ Gowthaman Kathappan 2.Raja @ Chithamparam (K.Chithambaram) 3.Sekar @ Sekar Shankar 4.Ravi @ Ravi.S ... Petitioners Vs. The State Rep. by The Inspector of Police, Modakurichi Police Station, Erode District. (Crime No.138 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, praying to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.138 of 2026 pending investigation on the file of the respondent police. For Petitioners : Mr.P.Krishna Moorthy For Respondent : Mrs.R.S.Indira, Government Advocate (Crl.Side)