R.Gopi v. The State Represented by the Inspectorof Police

ORDER The petitioner, who was arrested and remanded to judicial custody on

13.07.2026 for the alleged offence under Section 87 of BNS and section 9, 10, 11 of Prohibition Child Marriage Act in Crime No.131 of 2026 on the file of the Page2 of 6 respondent police, seeks bail.

¶2The case of the prosecution is that A1 kidnapped the de facto Complainant to Kalipalayam Palamalai Madheswaran temple where the petitioner helped A1 to marry the de facto Complainant minor girl by buying flower garland for the marriage and took photos of the marriage. Hence, the case.

¶3The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

¶4Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that this is the case of Section 9 and 10 of POCSO Act. He further submitted that the petitioner was remanded to judicial custody on 13.07.2026 and that the age of the victim girl is 15 years. He also produced the 183 BNSS statement of the victim before this Court. Hence, he opposed the grant of bail to the Petitioner.

¶5I have given my anxious consideration to either side submissions and perused Page3 of 6 the materials available on record.

¶6Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); while perusing the 183 BNSS Statement of the victim, it is observed that the only overt act against this petitioner is that he has handed over the garlands to the A1 as well as to the victim girl. Beyond that, there are no materials. In such view of the circumstances, taking into consideration of the period of incarceration of the petitioner, this Court is of the firm view that further custody of the petitioner for the purpose of investigation is not required. Hence, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

¶7Accordingly, 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, Paramathi, 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 a.m., for the period of two weeks and Page4 of 6 thereafter, as and when required for interrogation; [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. 07-08-2026 SHL Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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. Page5 of 6 To:

¶1The Judicial Magistrate, Paramathy.

¶2The Central Jail, Salem

¶3The Inspector of Police, Paramathy Police Station, Namakkal, Namakkal District

¶4The Public Prosecutor High Court of Madras CRLoOPoNo.o21716oofo2026 C.KUMARAPPANoJ. SHL CRLoOPoNo.o21716oofo2026 07-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN R.Gopi ..Petitioner Vs The State Represented by The Inspector of Police Paramathy Police Station, Namakkal, Namakkal District. Crime No.131 of 2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.131 of 2026 on the file of the Inspector of Police, Paramathy Police Station, Namakkal District. For Petitioner: Mr.A.V.Balusamy for B.Vasudevan For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)