S.Gowtham v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2026

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR 1.S.Gowtham 2.G.Gayathri ... Petitioners Vs.

The State Rep. By, The Inspector of Police, E-2, Minjur Police Station, Minjur, Tiurvallur District.

Crime No.71 of 2026 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of his arrest in Crime No.71 of 2026 on the file of the respondent police.

For Petitioners :

Mr.S.Suresh For Respondent :

Ms.J.R.Archana Government Advocate (Crl. Side) 1/6

O R D E R

The petitioners herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS under Section 75 of Juvenile Justice Act, 2015 and Section 4 of TNPHWA in Crime No.71 of 2026, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioners is that due to previous enmity, petitioners along with other accused abused the defacto complainant in filthy language and also assaulted with deadly weapons, due to which, defacto complainant sustained injuries. Hence, the case was registered.

3. The learned counsel for the petitioners submitted that the petitioners submitted that the petitioners are innocents and they have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the injured has been discharged from the hospital. Hence, he opposed for grant of anticipatory bail to the petitioners. 2/6

5.Considering the nature of allegations and the fact that the injured has been discharged from the hospital and petitioner has no previous case, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Ponneri on condition that the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that:

[a] if the petitioners fails to surrender before the concerned Magistrate within a period of ten days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

[b] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a 3/6

copy of any one of the identity proofs to ensure their identity;

[c] the first petitioner shall report before the respondent police daily at 10.30.a.m., for a period of two weeks and thereafter as and when required for interrogation and the second petitioner shall report before the respondent police as and when required for interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 23.02.2026 sma 4/6

To

1. Judicial Magistrate No.II, Ponneri 2.The Inspector of Police, E-2, Minjur Police Station, Minjur, Tiurvallur District.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

sma 23.02.2026 6/6