Gopu Gopinath and others Vs The State Rep By, The Sub-Inspector Of Police

PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioners on bail in the event of their arrest in connection with Crime No.284 of 2025 on the file of the respondent police.

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For Petitioners : Mr.VR.Appaswamee

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For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side) ORDER

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The petitioners, who apprehend arrest for the alleged offence under

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Sections 191(2), 191(3), 296(b), 415(2), 118(1), 357(3) of BNS r/w Section 1/5

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https://www.mhc.tn.gov.in/judis

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Crl.OP.No.862 of 2026 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime

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No.284 of 2025, on the file of the respondent police seek anticipatory bail.

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The allegation against the petitioners is that, due to a wordy quarrel

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between the petitioners and the defacto complainant regarding a land dispute, the petitioners allegedly trespassed into the premises of the defacto complainant, abused her, and assaulted her and her father-in-law with a wooden log and caused injuries to them, which led to the registration of the FIR. Hence, the present petition.

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The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and that they have been falsely implicated in this case. He further submitted that this is a case and counter-case, that the injured persons have been discharged from the hospital, and that the petitioners have no previous criminal antecedents. Therefore, he prayed that anticipatory bail be granted to the petitioners.

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The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that though it is a case and counter-case and the injured have been discharged from the hospital and the petitioners have no previous criminal antecedents, the investigation is still pending. Hence, he opposed the grant of anticipatory 2/5

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https://www.mhc.tn.gov.in/judis

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Crl.OP.No.862 of 2026

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bail to the petitioners.

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Heard both sides and perused the materials available on record.

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Considering the nature of the allegations, the fact that it is a case and counter-case, that the injured persons have been discharged from the hospital, that the petitioners have no previous criminal antecedents, and that the investigation is pending, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

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Accordingly, the petitioners are ordered to be released on 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, before the learned Judicial Magistrate, Gingee on condition that each of the petitioners shall execute separate bonds for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that:

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(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;

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(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,

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3/5

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https://www.mhc.tn.gov.in/judis

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Crl.OP.No.862 of 2026 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

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(c) The petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;

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(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

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P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

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(e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

12.01.2026

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