Gokul Gokhulan v. State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2025
CORAM
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI 1.Gokul @ Gokhulan 2.Deepakkumar 3.Pakkali Murugan @ Murugan 4.Kijji Ganesan @ Murugan 5.Sika Kasi @ Kasi 6.Raji 7.Nagaraj @ Dhasrathan 8.Sambath @ Sampathu 9.Anandan @ Anand 10.Palani @ Malaikaran Palani @ Pazhani 11.Raman 12.Lakshmanan 13.Guna @ Gunasekaran ... Petitioners/A1 to A13 Vs.
State rep. by its, The Inspector of Police, Ariyoor Police Station, Vellore District.
(Crime No.115 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioners on bail in the event of a case in Crime No.115 of 2025 on the file of the respondent.
For Petitioners :
Mr.Deepak Kumar.C For Respondent :
Mr.S.Udayakumar Government Advocate (Criminal Side) ********** 1/5
O R D E R
The petitioners herein apprehend arrest at the hands of the respondent police for the offences punishable under Section 329(4) of BNS and 3(1) of TN Public Property (PRBNT of Damage & Loss), in Crime No.115 of 2025, on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that due to a prior temple issue, between the petitioners and the de-facto complainant, on 09.07.2025, petitioner (A1), while returning home from work, was threatened by Rajesh @ Kabali with six others and later one Prabhu. A1 had already lodged a complaint regarding the incident. Hence, the case.
3. The learned counsel appearing for the petitioners states that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioners.
4. The learned Public Prosecutor (Crl. Side) submitted that a counter case is pending against the petitioners and therefore opposed the grant of anticipatory bail.
5. Heard the learned counsels on either side and perused the materials available on record.
2/5
6.This Court, on considering both the case and the counter case, is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate-1, Vellore, on condition that the petitioners 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 learned Magistrate concerned and on further condition 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 petitioners shall report before the respondent police as and when required;
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners shall not abscond either during investigation or trial;
[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with 3/5
law as if the aforementioned conditions have been imposed and the petitioners 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
08.09.2025 nvi To
1. The Judicial Magistrate-1,Vellore.
2. The Inspector of Police, Ariyoor Police Station, Vellore District.
3. The Public Prosecutor, High Court of Madras. 4/5
T.V.THAMILSELVI J.
nvi 08.09.2025 5/5