Gopi Alias Rangasamy v. State, Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 7683 of 2025 Gopi @ Rangasamy Petitioner Vs The State Rep by, The Inspector of Police, D2, Anna Salai Police Station, Chennai.

(Crime No.114 of 2025) Respondent Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner/Accused on anticipatory bail in the event of arrest in Crime No. 114 of 2025 pending on the file of the respondent police.

For Petitioner :

M/s. P.Surendran For Respondent :

Mr.S.Balaji Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 316(2), 318(2) and 61(2) of the BNS in Crime No.114 of 2025, on the file of the respondent police, seeks anticipatory bail.

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2.

The case of the prosecution is that the petitioner had purchased onions from the de facto complainant worth about Rs.8,00,000/-, and that he did not make the payment for the purchased onions, that he accused the de facto complainant of supplying onions, the quality of which was not good.

3.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent; he has been falsely implicated in this case; the co-accused was arrested and released on bail; that in order to show his bonafide, the petitioner is willing to deposit a sum of Rs.2,00,000/- to the credit of the crime number, which can be handed over to the de facto complainant.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that the petitioner has no bad antecedents.

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5.

Considering the facts of the case, the nature of the allegations, the co-accused was arrested and released on bail and the petitioner has no bad antecedents and since custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner subject to the certain conditions. 6.

Further, considering the voluntary submissions made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.2,00,000/- to the credit of the crime number within a period of two weeks from the date of receipt of a copy of this order and on such deposit, the de facto complainant is permitted to withdraw the same by filing suitable application.

7.

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 II M.M. Egmore on condition that the petitioner shall execute a 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, 3/6

and on proof of payment of deposits, 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 everyday at 10:30 a.m., until further orders.

[c] the petitioner is directed to deposit a sum of Rs.2,00,000/- to the credit of the crime number within a period of two weeks from the date of receipt of a copy of this order.

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

[e] the petitioner shall not abscond either during investigation or 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 released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble 4/6

Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

.

01.04.2025 vca SUNDER MOHAN, J.

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vca To, 1.

The Inspector of Police, D2, Anna Salai Police Station, Chennai.

2.

The II M.M., Egmore.

3.

The Public Prosecutor, Madras High Court.

CRL OP NO. 7863 of 2025 01.04.2025 6/6