N.Gokulkumar v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-05-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR N.Gokulkumar S/o.Nagarajan, No.98/17, Sengundram, Gudiyatham Taluk, Vellore, Vellore District.

Petitioner(s) Vs The State Rep. by The Inspector of Police, Paradarami Police Station, Vellore District.

(Crime No.45 of 2025) Respondent(s) PRAYER To enlarge the petitioner on bail in the event of his arrest in Crime No.45 of 2025 on the file of the respondent police For Petitioner(s):

Mr. K. Sathish Kumar For Respondent(s):

Mr.V. Meganathan, Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 296(b), 115(2), 118(1), 109(1) & 351(3) of BNS, in Crime No.45 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that, the petitioner hit the vehicle of the defacto complainant in the petrol bunk. When the same was questioned by the defacto complainant, the petitioner along with other accused abused the defacto complainant in filthy language and also attacked him. Hence, the case.

3. Learned counsel appearing for the petitioner would submit that the petitioner is innocent person and he has been falsely implicated in this case and that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and prayed for anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioner,

reiterated the prosecution case and on instructions submitted that the injured has been discharged from the hospital.

5. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, 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 his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Gudiyatham, Vellore, Vellore District, on condition that the petitioner shall execute 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 sureties shall affix their photographs and left thumb

impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

[c] the petitioner shall report before the respondent Police daily at 10.30 a.m for a period of 30 days;

[d] the petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial; [e] the petitioner shall make himself available for interrogation by a Police office as and when required; [f] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [g] the petitioner shall not abscond either during investigation or trial;

[h] 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];

[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

16-05-2025 AT Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code."

To 1.The State Rep. by The Inspector of Police, Paradarami Police Station, Vellore District.

(Crime No.45 of 2025)

M.NIRMAL KUMAR J.

AT CRL OP No. 14894 of 16-05-2025