S.Gopi v. State of Tamilnadu Rep by Inspector of Police, Kadayam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY S.Gopi

... Petitioner/Accused

Vs State of Tamilnadu Rep by Inspector of Police, Kadayam Police Station, Tenkasi District. Crime No.24 of 2026. ... Respondent/Complainant For Petitioner : Mr.A.B.Jeeva,

Advocate. For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime no.24 of 2026 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 19.01.2026 for the offences punishable under Sections 296(b), 109(1), 351(3), 49 of BNS, 2023 and Section 4 of TNPHW Act in Crime No.24 of 2026 on the file of the respondent seeks bail.

¶2The case of the prosecution is that due to wordy quarrel, the petitioner herein is said to have attacked the defacto complainant and also abused him in filthy language. Hence, the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 19.01.2026. Hence, he seeks bail to the petitioner.

¶4The learned Additional Public Prosecutor would submit that there is no previous case pending against the petitioner and the offence committed by the petitioner is serious in nature. He would further submit that investigation of the case is pending and hence, he opposed for grant of bail to the petitioner.

¶5Considering the facts and circumstances of the case and also considering the nature of injury sustained by the petitioner and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions: :

¶6Accordingly, the petitioner is ordered to be released on bail on executing 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 District Munsif Cum Judicial Magistrate, Thenkasi and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall serve in the wards and assist the staff in cleaning the ward for two weeks at Government Hospital, Thenkasi and the said service shall be certified an reported to the investigating Officer by the concerned Nursing Superintendent and thereafter, he shall report before the respondent police daily at 10.00 a.m., for a period of two weeks and 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 evidence or witness either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. (S S Y J)

06.02.2026 TRP TO

¶1The District Munsif Cum Judicial Magistrate, Thenkasi

¶2Do-Through The Chief Judicial Magistrate, Thenkasi District.

¶3The Superintendent, Central Prison, Thenkasi District.

¶4The Inspector of Police, Kadayam, Police Station, Tenkasi District.

¶5The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. S.SRIMATHY,J TRP ORDER IN CRL OP(MD) No.2407 of 2026 Date : 06/02/2026