S.Gokulraj vs The State Rep.by, The Deputy Superintendent of Pol

Court
Madras High Court

2026:MHC:4300
CRL A No.1283 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-10-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL A No.1283 of 2026
CNR: {HCMA012451662026}
S.Gokulraj
S/o.Selvaraj,
No.1/168-4, West Street,
Koovadu Post,
Ulundurpet,
Kallakurichi District.
...Petitioner/A1
Vs
1. The State Rep. by,
The Deputy Superintendent of Police,
Ulundurpet Sub-Division,
Kallakurichi District.
2. The Inspector of Police,
Kalamaruthur Police Station,
Kallakurichi District.
Cr.No.111 of 2026.
3. V.Veeramani
S/o.Veerasamy,
Main Road,
Pa.Killanur,
Ulundurpet Taluk,
Kallakurichi District.
...Respondents
Prayer: Criminal Appeal filed under Section 14(A) SC/ST Act 2015 r/w
415 of BNSS, praying to call for the records and set aside the order
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CRL A No.1283 of 2026
passed by the learned Principal District and Session Judge at Kallakurichi
in Crl.M.P.No.2046 of 2026 dated 28.09.2026 and enlarge the appellant
nd
on bail in Cr.No.111 of 2026 on the file of the 2 respondent police.
For Appellant: Mr.S.Kalaikumar
For Respondents: Ms.Sharada Vivek,
Additional Public Prosecutor,
for R1 and R2
Ms.S.Melkiya Sweety
for Mr.K.C.Karl Marx
for R3
JUDGMENT
The Criminal Appeal challenges the order dismissing the bail
application filed before the learned Principal District and Sessions Judge,
Kallakurichi, in Crl.M.P.No.2046 of 2026 dated 28.09.2026, by the
petitioner, who is arraigned as A1 in Crime No.111 of 2026 originally
registered under 194 of BNSS and altered to Sections 69, 108 of BNS,
and 3(1)(w)(i), 3(2)(v) of the SC/ST Act.
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CRL A No.1283 of 2026
2. It is the case of the prosecution that the deceased and the
appellant/A1 had a consensual affair; that later the appellant refused to
marry the deceased, stating that she belonged to the SC/ST community;
and that unable to bear the humiliation and harassment, the deceased
committed suicide.
3. The appellant sought bail before the trial Court, which came to
be dismissed by the impugned order.
4. The learned counsel for the appellant/A1 would submit that the
appellant is in custody from 05.05.2026; that the final report has been
filed; and that the appellant has to effectively defend himself in the trial,
and even if the prosecution case is accepted to be true, the offence under
Section 108 of the BNS would not be made out.
5. The learned counsel for the third respondent/ de-facto
complainant, however, vehemently opposed the grant of bail, stating that
the victim was pregnant at the time of the suicide; that the DNA test
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CRL A No.1283 of 2026
revealed that the appellant is the biological father of the foetus found in
the dead body of the deceased; and that, considering the seriousness of
the aforesaid facts, no indulgence should be shown to the appellant, and
prayed for dismissal of the appeal.
6. The learned Additional Public Prosecutor for the first and second
respondents reiterated the submission made by the learned counsel for the
de-facto complainant and opposed the grant of bail. However, the learned
Additional Public Prosecutor would submit that the Final Report has been
filed. The learned Additional Public Prosecutor has also submitted that
the earlier appeal filed by the appellant was dismissed by this Court on
24.07.2026.
7. The allegation reveals that the appellant and the deceased had a
consensual relationship. It is the case of the prosecution that the appellant
refused to marry the victim girl since she belonged to the SC/ST
community, as a result of which, she committed suicide. Admittedly, the
final report has now been filed, and the charges are likely to be framed in
the near future. The appellant is entitled to effectively defend himself in
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CRL A No.1283 of 2026
the trial and it is for the trial Court to examine if the appellant’s act would
constitute the offence under Section 108 of BNS/306 of IPC.
The appellant is in custody from 05.05.2026.
8. Considering the above facts, the period of incarceration and the
stage of the trial, this Court is inclined to set aside the impugned order
and release the appellant on bail on the following conditions:
(i) The appellant shall execute 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 No.2, Ulundurpet;
(ii) the appellant and the sureties shall affix
their photographs and Left Thumb Impression in
the surety bond and the trial Court may obtain a
copy of their Aadhar card or Bank pass Book and
mobile numbers to ensure their identity;
(iii) the appellant shall appear before the
trial Court on the first working day of every month
and on all hearings;
(iv) the respondent police is directed to
ensure that there is no threat to the life and safety
of the de-facto complainant. In the event of any
threat, appropriate steps are to be taken.
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CRL A No.1283 of 2026
(v)the appellant shall not commit any offence of
similar nature;
(vi) the appellant shall not abscond either during
investigation or trial;
(vii)the appellant shall not tamper with evidence
or witness either during investigation or trial;
(viii) on breach of any of the aforesaid conditions,
the learned Sessions Judge/Trial Court is entitled
to take appropriate action against the appellant in
accordance with law as if the conditions have been
imposed and the appellants released on bail by the
learned Sessions Judge/Trial Court himself as laid
down by the Hon'ble Supreme Court in P.K.Shaji
vs. State of Kerala [(2005)AIR SCW 5560] ;
(ix) i f the accused thereafter absconds, a fresh
FIR can be registered under Section 229A IPC.
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CRL A No.1283 of 2026
9. In view of the above, the impugned order, dated 28.09.2026 in
Crl.M.P.No.2046 of 2026 passed by the learned Principal District and
Session Judge at Kallakurichi, is set aside and the Criminal Appeal is
allowed.
26-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
Note: Issue order copy today.
dk
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CRL A No.1283 of 2026
To
1. The Deputy Superintendent of Police,
Ulundurpet Sub-Division,
Kallakurichi District.
2. The Inspector of Police,
Kalamarathur Police Station,
Kallakurichi District.
3. The Principal District and Sessions Judge,
Kallakurichi.
4. The Judicial Magistrate No.2,
Ulundurpet.
5. The District Jail,
Vedampattu,
Villupuram.
6. The Public Prosecutor,
High Court of Madras,
Chennai – 600 104.
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2026:MHC:4300
CRL A No.1283 of 2026
SUNDER MOHAN, J.
dk
CRL A No. 1283 of 2026
26-10-2026
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