Gowrishkumar vs The State of Tamilnadu Rep.

Court
Madras High Court

CRL A(MD) No. 1196 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15-10-2026
CORAM
THE HON'BLE MR.JUSTICE S.KARTHIKEYAN
CRL A(MD) No. 1196 of 2026
CNR:{HCMD011388742026}
Gowrishkumar
S/o.Senthilkumar,
2-51, Kattuvilai, Puthan Veedu,
Marthandam, Vilavancode Taluk,
Kanniyakumari District -629165.
..Petitioner(s)
Vs
1. The State of Tamilnadu Rep. by The Deputy
Superintendent of Police
Office of the Deputy Superintendent of Police,
Marthandam Division,
Kanniyakumari District.
2. State Of Tamilnadu Rep By Inspector Of Police,
All Women Police Station,
Marthandam,
Kanniyakumari District.
Crime No. 49/2026.
3. Logeswari
D/o.Dharmalingam,
No. 3/143, Mariyamman Koil Street,
Anaikkraikkottalam,
Kallakurichi District,
Tamilnadu 606 213. ..Respondent(s)
PRAYER: This petition is filed under Section 14-A(2) of the Scheduled
Castes and the Scheduled (Prevention of Atrocities) Act, 1989, as
amended by Act 1 of 2015, to call for the records pertaining to the order
dated 22.09.2026 in Crl.M.P.No.75 of 2026 on the file of the learned
Special Court for Exclusive Trial of Cases under the SC/ST (POA) Act,
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CRL A(MD) No. 1196 of 2026
Kanniyakumari at Nagercoil, and to set aside the same, and enlarge the
Appellant on bail in connection with Cr.No.49 of 2026 on the file of the
All Women Police Station, Marthandam, by allowing this Criminal
Appeal.
For Petitioner(s): M/s M.Rajarajan
For Respondent(s): M/s.A.Robinson,
Government Advocate (Crl. Side) for R1 & R2
JUDGMENT
This appeal is directed against the order declining bail passed by
the Special Court for Exclusive Trial of Cases under the SC/ST (POA)
Act, Kanniyakumari at Nagercoil, in Crl.M.P.No.75 of 2026 in Crime No.
49 of 2026 on the file of the respondent Police.
2. The learned senior counsel for the appellant submitted that the
petitioner herein was charged with the offences punishable under
Sections 296(b), 69 and 351(2) of the BNS, 2023, and Section 67 of the
Information Technology Act, 2000. The appellant was arrested on
17.08.2026 and has been in custody since then. The victim is aged about
28 years, while the appellant is aged about 25 years. Both were in love
for about one year. Due to certain misunderstandings, the defacto
complainant has come forward with the present case, alleging that the
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CRL A(MD) No. 1196 of 2026
appellant had given a false promise of marriage and had sexual
intercourse with her. Though the laptop and cellphone were recovered, no
incriminating material was found in either the laptop or the cellphone,
and the appellant has been in custody for about 58 days. Therefore,
according to the learned counsel for the appellant, the order of the Trial
Court declining bail to the appellant is not sustainable.
3. Per contra, the learned Government Advocate (Crl.side) has
submitted that the victim was serving as Manager at Karur Vysya Bank,
Marthandam. She belongs to a scheduled caste. The appellant, knowing
that the victim belonged to a Scheduled Caste, forced her into a
relationship with him. On 03.06.2026, the appellant assured her that he
would marry her and established a physical relationship with her. He
videographed the same and threatened the victim that he would publish
the video on social media. Therefore, a case in Crime No. 49 of 2026 was
registered for the offences punishable under Sections 296(b), 69 and
351(2) of the BNS, 2023, and Section 67 of the Information Technology
Act, 2000. Subsequently, the appellant was arrested on 17.08.2026. The
laptop and cellphone were recovered and forwarded to the Forensic
Science Laboratory for the recovery of deleted files. Therefore, according
to learned Government Advocate (Crl.Side), the investigation is in crucial
stage. Therefore, he strongly opposed to grant bail to the appellant.
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CRL A(MD) No. 1196 of 2026
4. Since this case involves offences under the provisions of the
SC/ST (PoA) Act, notice was issued to the victim. She was present before
this Court on the previous occasion and submitted that the appellant
herein had taken intimate videographs of her and threatened her by
stating that he would publish them on social media. Therefore, she was
constrained to lodge a complaint dated 17.08.2026. Hence, she strongly
opposed the grant of bail to the appellant.
5. This Court has given its thoughtful consideration to the rival
submissions put forth by either side.
6. On a careful perusal of the records, it is found that the appellant
herein is facing allegations of having committed the offences punishable
under Sections 296(b), 69 and 351(2) of the BNS, 2023, and Section 67
of the Information Technology Act, 2000. The appellant was arrested on
17.08.2026 and has been in custody since then. From the submissions of
the learned Government Advocate (Criminal Side), it is found that the
appellant's cellphone and laptop have already been recovered and
forwarded to the Forensic Scientific Laboratory for examination.
Therefore, there is no question of tampering with the evidence. The
appellant has been in custody for about 58 days, and the major portion of
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CRL A(MD) No. 1196 of 2026
the investigation might have been completed by this time. The offences
alleged are punishable with imprisonment for a term of up to five years.
7. Considering the above all circumstances, this Court is of the
considered view that the appellant herein is entitled to bail, however, with
the stringent conditions.
8. In the result, the order of the Trial Court is hereby set aside. The
appellant is enlarged on bail on the following conditions:
(i) The petitioner/appellant shall execute a bond for a
sum of Rs.25,000/- (Rupees Twenty Five Thousands only)
with two sureties each for a like sum to the satisfaction of
the learned Special Court for Exclusive Trial of Cases
under the SC/ST (POA) Act, Kanniyakumari at Nagercoil.
(ii) 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 to ensure their identity;
(iii) The appellant shall stay at Madurai and
report before the Inspector of Police, Thallakulam
Police Station , Madurai City, daily twice at 10.30 a.m.,
and 5.30 p.m., until further orders.
(iv) The appellant shall not enter the village where
the occurrence took place without the prior permission of
the Trial Court, until further orders.
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CRL A(MD) No. 1196 of 2026
(v) The appellant shall not contact the victim, either
directly or indirectly, pending investigation and during the
trial.
(vi) On violation of any of the above conditions by
the appellant, either the respondent Police or the victim is
at liberty to move an application for cancellation of the
bail before the Trial Court as per the decisions of the
Hon'ble Apex Court in P.K.Shaji Vs. State of Kerala.
15-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
DSS
Note : Issue order copy on 16.10.2026
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CRL A(MD) No. 1196 of 2026
To
1. The Special Court for Exclusive Trial of Cases under the SC/ST
(POA) Act, Kanniyakumari at Nagercoil.
2. The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Marthandam Division,
Kanniyakumari District.
3. The Inspector Of Police,
All Women Police Station,
Marthandam, Kanniyakumari District.
4. The Inspector of Police, Thallakulam Police Station, Madurai City.
5.The Additional Public Prosecutor, Madurai Bench of Madras High
Court, Madurai.
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CRL A(MD) No. 1196 of 2026
S.KARTHIKEYAN, J.
DSS
CRL A(MD) No. 1196 of 2026
15-10-2026
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