Gowtham v. State Rep.By, The Inspector Of Police,

CRL OP NO. 56 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 56 of 2025 Gowtham S/o.Palanisamy @ Veerabagu, No.2/212, Nandhampatti, Nadu Street, Chitoor, Edapadi, Salem 637101.

Petitioner(s) Vs State Rep.By, The Inspector Of Police, Poolampatti Police Station, Salem District.

Respondent(s) For Petitioner(s):

Lingakumar Raja R. Muthukumar H. Meeran Mohideen V. Guhan For Respondent(s):

S.Santhosh Public Prosecutor Madras High Court.

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) of B.N.S in Crime No.300 of 2024, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 25.12.2024, the petitioner and his friends assaulted the defacto complainant and caused injury. Hence, this case.

3. Learned counsel appearing for the petitioner would submit that petitioner is innocent and has not committed any offence as alleged by the defacto complainant and falsely implicated in this case. He would further submit that the petitioner is ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court. Therefore, he prayed for the grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl. Side) appearing for the respondent police opposed for granting of anticipatory bail to the petitioner, stating that the petitioner has no previous case.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record including the FIR.

6. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent Police and also the fact that the petitioner has no previous case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy

of this order, before the learned Judicial Magistrate Court, Edapadi on condition that the petitioner shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of the respondent Police or the Police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that:

[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [c] the petitioner shall report before the respondent Police on everyday at 06.30 P.M., until further orders;

[d] the petitioner shall not tamper with evidence or witness either during the investigation or during the trial;

[e] the petitioner shall not abscond either during the investigation or during the trial;

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner was released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] [g] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of

BNS.

20-01-2025 msv To The Inspector Of Police, Poolampatti Police Station, Salem District.