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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.6450 of 2025 Govindharaja .. Petitioner Vs.

The State rep by The Inspector of Police, Sooramangalam Police Station, Salem.

(Crime No.72/2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.72 of 2025 on the file of the respondent Police. For Petitioner : M/s.R.Varun Vignesh For Respondent : Mr.S.Santhosh Government Advocate(Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 178, 179 and 180 of BNS Page No.1 of 6

2023, (Section 159, 160 and 161 of IPC) in Crime No.72 of 2025, seeks anticipatory bail.

2.

The case of the prosecution is that, A1, who is the son of the petitioner was found in possession of fake currency notes; that when A1 was arrested, it came to light that A1's mother and aunt had a xerox machine at home and were printing the fake currency notes; that on confession of A1, A1's mother and aunt was arrested, and they were found in possession of 12 Nos. of Rs.500 notes and 13 Nos. of Rs.200 fake currency notes and that on confession of A1, it was revealed that the petitioner also had knowledge about the alleged offence.

3.

The learned counsel appearing for the petitioner submitted that A1, A1's mother and aunt have been arrested and released on bail; that the petitioner is sought to be implicated only on the confession of the A1 and prayed for anticipatory bail to the petitioner. 4.

The learned Government Advocate (Crl. Side) appearing for the Page No.2 of 6

respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that the petitioner has been implicated only on the confession of A1; that no fake currency notes was recovered from the petitioner and the petitioner has no bad antecedents.

5.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

6.

Considering the aforesaid facts, no fake currency notes was recovered from the petitioner, the petitioner was sought to be implicated only on the confession of A1 and has no bad antecedents and since, custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from Page No.3 of 6

the date on which the order copy is made ready, before the learned Judicial Magistrate II, Salem, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] 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. [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

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

[d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the Petitioners in accordance with law as if the 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)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered Page No.4 of 6

under Section 269 BNS.

07.03.2025 Index : Yes / No Internet : Yes / No dpa To 1.The Inspector of Police, Sooramangalam Police Station, Salem.

2.The learned Judicial Magistrate II, Salem 3.The Public Prosecutor, Madras High Court, Chennai.

SUNDER MOHAN , J.

dpa Page No.5 of 6

Crl.O.P.No.6450 of 2025 07.03.2025 Page No.6 of 6