Kutty Alias Govindaraj v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.04.2025 CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.10075 of 2025 Kutty @ Govindaraj ... Petitioner
Versus
The State Rep by, The Inspector of Police, Krishnagiri Town Police Station, Krishnagiri District.
Crime No.133 of 2025. ... Respondent Prayer: Criminal Original Petition filed under Section 482 of BNSS Act, to enlarge the petitioner on bail in the event of his arrest in Crime No.133 of 2025 on the file of the respondent police. For petitioner : M/s.R.Thulasi For Respondent : Mr.S.Balaji, Government Advocate (Crl.Side)
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 296(b), 115(2), 132 and 351(3) of BNS, in Crime No.133 of 2025, on the file of the respondent Police, seeks anticipatory bail.
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2. The case of the prosecution is that based on the secret information, the respondent and his team conducted a search near Modikuppam, where, they found that the petitioner along with other accused were illegally transporting sand and various types of trees from the forest, without any valid permission. Hence the case.
3. The learned counsel for the petitioner submits that the allegations are false; that the co-accused/A2 were already arrested and released on bail and the custodial interrogation is not required in this case, prayed for anticipatory bail to the petitioner.
4. Learned Government Advocate (Criminal 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 there are two previous cases against the petitioner and he is on bail in those cases.
5. Heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) appearing for the respondent police and perused the materials available on record.
6. Considering the nature of allegations; the fact that the coaccused were already released on bail, the petitioner is on bail in the other cases, and since, custodial interrogation is not required for the 2/4
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 the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Krishnagiri, 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 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.
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SUNDER MOHAN J.
drl [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 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 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 under Section 269 of B.N.S. 04.04.2025 drl To
1. The Inspector of Police, Krishnagiri Town Police Station, Krishnagiri District.
2. The Judicial Magistrate No.I, Krishnagiri.
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