Gowrappa v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Gowrappa S/o.Besthappa, No.177, Yerrapothanahalli Village and Post, Hosur Taluk, Krishnagiri District.

2. Guruvala Yugandhar S/o.G.Devendra, No.5-5, Shikaaripalem, Diguvapalli, Chowdapallee, Chittoor District, State of Andhra Pradesh.

..Petitioner(s) Vs State rep.by The Inspector of Police, Nallur Police station, Krishnagiri district.

Cr.No.66/2026.

..Respondent(s) Criminal Original Petition filed under Section 482 of BNSS, 2023, praying to enlarge the petitioners on bail in the event of their arrest in Cr.No.66/2026 pending investigation on the file of the respondent.

For Petitioner(s):

Ms.R.Thulasi For Respondent(s):

For Intervenor :

Mr.N.Palanivel, Govt.Advocate (Crl.Side) MS.S.Veera Santhi ******

ORDER

The petitioners, who apprehend arrest for the alleged offence under Section 318(4) of BNS, 2023 in Crime No.66 of 2026 on the file of the respondent police, seek anticipatory bail.

2. The allegation against the petitioners is that the de facto complainant has been given certain amount by A1 and A2 and cheated the de facto complainant by promising to give 2 kilograms of gold jewels for Rs.18.00 lakhs. Hence, a case has been registered.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that they are ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. He would also submit that the first petitioner was arrested and remanded to judicial custody. Hence, he prayed to grant anticipatory bail to the 2nd petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the

respondent police reiterated the prosecution case and, upon instructions, submitted that some of the accused have already been remanded to judicial custody. Hence, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, taking note of the fact that the first petitioner has already been arrested, this Criminal Original Petition stands dismissed against the first petitioner. As far as the second petitioner is concerned, considering the fact that the 2nd petitioner is not a named accused in the FIR and that at this length of time, custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the 2nd petitioner, subject to certain conditions.

6. Accordingly, the 2nd petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate-II, Hosur, on condition that the 2nd petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand

automatically cancelled;

(b) 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 identify proofs to ensure their identity;

(c) The 2nd petitioner shall report before the respondent Police, everyday at 10.30 A.M., and 5.30.PM for a period of three weeks and thereafter, as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the 2nd petitioner in accordance with law as if the conditions have been imposed and the 2nd petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

7.This Criminal Original Petition stands ordered as far as the 2nd petitioner is concerned.

24-06-2026 (2/2) KMI

To 1.The Judicial Magistrate No.II, Hosur.

2.The Inspector of Police, Nallur Police station, Krishnagiri district.

3.The Public Prosecutor Madras High Court.

C.KUMARAPPAN J.

KMI 24-06-2026