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Govindaraj @ Govintharaj v. The State Rep. by Sub- Inspector of Police

Madras HC10 Mar 2026CRL OP/6141/2026

Case brief

AI extract

What is this about?

Madras HC, CRL OP 6141/2026 (S.528 BNSS 2023), allowed 10-03-2026 by M. Nirmal Kumar J.: order dated 25.11.2025 of Principal Sessions Judge, Salem in Crl.M.P.No.3244/2025 set aside; anticipatory bail appearance condition breached six days due to bereavement, NBW issued and recalled, compliance resumed 29.11.2025; investigation complete, charge sheet filed in P.R.C. No.7/2026 (JM Omalur), hearing 17.03.2026; petitioners to appear before Trial Court and cooperate with trial.

What did the court decide?

Impugned order dated 25.11.2025 in Crl.M.P.No.3244 of 2025 (Principal Sessions Judge, Salem) set aside; petitioners directed to appear before the Trial Court and cooperate with the trial. ¶31

Govindaraj @ Govintharaj Vs The State Rep. by Sub- Inspector of Police — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 25.11.2025 in Crl.M.P.No.3244 of 2025 (Principal Sessions Judge, Salem) set aside; petitioners directed to appear before the Trial Court and cooperate with the trial.

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Issue for consideration

Whether the order dated 25.11.2025 passed by the learned Principal Sessions Judge, Salem in Crl.M.P.No.3244 of 2025 should be set aside, in light of the petitioners' compliance with the anticipatory bail appearance condition and the completion of investigation with charge sheet filed in P.R.C. No.7/2026.

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Court's answer

In view of the materials (compliance with the anticipatory bail appearance condition despite a six-day lapse caused by deaths in the family, recall of the non-bailable warrant, resumed compliance from 29.11.2025, completion of investigation and filing of charge sheet in P.R.C. No.7/2026), the impugned order dated 25.11.2025 passed in Crl.M.P.No.3244 of 2025 by the Principal Sessions Judge, Salem is set aside.

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Ratio / Principle

The petitioners are directed to appear before the Trial Court and cooperate with the trial.

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Detailed headnote1 paragraphs

Madras High Court (M. Nirmal Kumar, J.) allowed CRL OP No. 6141 of 2026 filed under Section 528 of BNSS, 2023 by three petitioners seeking to set aside the order dated 25.11.2025 of the Principal Sessions Judge, Salem in Crl.M.P.No.3244 of 2025. The petitioners had been granted anticipatory bail on condition to appear before the Judicial Magistrate Court, Omalur for thirty days; they complied for 24 days, lapsed for six days owing to deaths of family members, upon which a non-bailable warrant was issued and subsequently recalled, and compliance resumed from 29.11.2025 till date. Noting further that investigation was complete and the charge sheet stood filed in P.R.C. No.7/2026 (Judicial Magistrate, Omalur), posted for appearance and questioning on 17.03.2026, the Court set aside the impugned order and directed the petitioners to appear before the Trial Court and cooperate with the trial.

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CRL OP No. 6141 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10-03-2026

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CORAM

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THE HON'BLE MR JUSTICE M. NIRMAL KUMAR

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CRL OP No. 6141 of 2026

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Govindaraj @ Govintharaj S/o.Subramani,

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Suresh @ Sureshkumar S/o.Arjunan

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Palaniyappan @ Pazhaniyappan S/o.Chettiyappan, All are residing at Boominaickenpatti, Dhasanayakanpatty colony, Pagalpatty, Salem.

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..Petitioner(s)

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The State Rep. by Sub- Inspector of Police, Omalur Police Station, Salem District.

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..Respondent(s)

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Prayer: Criminal Original Petition filed under Section 528 of BNSS, 2023, to set aside the order dated 25.11.2025 passed by the learned Principal Sessions Judge, Salem in Crl.M.P.No.3244 of 2025 and pass such further or other orders as this Hon’ble court may deem fit and proper in the circumstances of the case.

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For Petitioner(s): Mr.V.Murugesan

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For Respondent(s): Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor

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__________ Page1 of 4

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

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CRL OP No. 6141 of 2026

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ORDER

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This criminal original petition is filed to set aside the order dated 25.11.2025 passed by the learned Principal Sessions Judge, Salem in Crl.M.P.No.3244 of 2025.

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The case of the prosecution is that on 18.08.2025 at about 21.30 hours at Omalur Dasanaickenpatti Vinayagar Temple, while talking about Vinayak Chathurthi celebration, quarrel arose between the parties, whereby the petitioners abused the defacto complainant, beat with hands and also threatened her with dire consequences.

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Heard learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent.

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4. Considering the submission made and on perusal of the materials it is seen that the petitioners were initially granted anticipatory bail on condition to appear before the Judicial Magistrate Court, Omalur, for a period of thirty days. The petitioner has complied with the condition for 24 days and thereafter, due to death of family members, they could not continue to comply. After six days they had appeared, non bailable warrant has been issued, which was recalled and thereafter they have been complying the condition from 29.11.2025 till

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Page2 of 4

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

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CRL OP No. 6141 of 2026

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date. The learned Additional Public Prosecutor submitted that in this case

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investigation has been completed and the charge sheet has been filed in P.R.C. No.7/2026 Judicial Magistrate, Omalur, now it has been posted for appearance and questioning on 17.03.2026.

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In view of the same, the impugned order dated 25.11.2025 passed in Crl MP No.3244 of 2025, on the file of the learned Principal Sessions Judge, Salem, is set aside. The petitioners are directed to appear before the Trial Court and cooperate with the trial.

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