CRL A/1283/2026 of S.Gokulraj Vs The State Rep.by, The Deputy Superintendent of Pol on 26 October 2026

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.

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 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 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.

(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) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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

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.

SUNDER MOHAN, J. dk CRL A No. 1283 of 2026 26-10-2026