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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR CRL.OP.No.16240 of 2025 Gokulakrishnan ... petitioner Vs.

State rep. by Inspector of Police Veppamkuppam Police Station, Vellore District Crime No.Not known of 2025.

... Respondent/complainant PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in Crime No. Not known of 2025 on the file of the Respondent police. For petitioner :

Mr.D. Thirumoorthy For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 296(b), 115(1), 118(2), 351(3) of BNS in Crime No. Not known of 2025, seeks anticipatory bail.

2. The case of the prosecution is that while dancing in the temple 1/6

festival, the petitioner is alleged to have stamped on the leg of the defacto complainant, due to which, wordy quarrel arose between the petitioner and the defacto complainant, in which, the petitioner had abused in filthy language and also assaulted him and threatened with dire consequences. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that during temple festival, the petitioner has mistakenly stamped on the leg of the defacto complainant while dancing and when the same was questioned by him, wordy quarrel arose between them. The petitioner is an innocent persons and he has been falsely implicated in this case. He also submitted that the petitioner is in no way connected with the alleged offence. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioner, reiterated the prosecution case. He further submitted that in this case, FIR was registered in Cr.No.158 of 2025 under Sections 126(2), 296(b), 115(2) of BNS (Old corresponding Sections 341, 294 & 323 of IPC). There are two previous cases of similar nature pending as against the petitioner. When the rude behaviour was questioned by the defacto complainant, the petitioner has abused and 2/6

assaulted the defacto complainant and also threatened with dire consequences.

5. Heard both sides and perused the materials available on record. 6 Considering the facts and circumstances of the case, submissions made by the learned counsel on either side and also considering that the petitioner is ready to abide by any condition that may be imposed by this Court and custodial interrogation is not required in this case, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner are ordered to be released on bail on his executing 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 learned Judicial Magistrate No.III, Vellore, and on further conditions that: [a] 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 copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for further interrogation; [c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; 3/6

[e] 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; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

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

03.06.2025 gv Note:

1. Registry is directed to forthwith upload this 4/6

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 Judicial Magistrate No.III, Vellore 2.The Inspector of Police Veppamkuppam Police Station, Vellore District

3. The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR, J.

gv 5/6

03.06.2025.

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