Govindhasamy v. State By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Govindhasamy .. Petitioner Vs.

State rep. by The Inspector of Police, Kamanaikenpalayam Police Station Tiruppur District.

Crime No.48 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail in Crime No.48 of 2025 on the file of the respondent police. For petitioner : Mr. W.Camyles Gandhi For Respondent : Mr.R.Vinoth Raja Government Advocate (Crl.side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 18.06.2025, for the offence punishable under Section 331(3), 305, 317(2) of BNS in Crime No.48 of 2025 on the file of the respondent, seeks bail. 1/6

2. The case of the prosecution is that the petitioner along with other accused trespassed into the defacto Complainant's house and had committed theft of gold jewels and cash. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent person and he had been falsely implicated in this case. He also submitted that the petitioner is in no way connected with the alleged offence, however, he is suffering incarceration from 18.06.2025. 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 bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the petitioner was arrested on 18.06.2025. He also submitted that the petitioner had already granted bail in Crime No.216 of 2025.

5. Heard both sides and perused the materials available on record.

6. It is seen that the petitioner had already been granted bail in Crl.O.P.No.16181 of 2025 by order dated 10.06.2025 and appearing before the Respondent Police, Tharamangalam Police Station. At that time, the petitioner had been arrested in this case. Considering the facts and circumstances of the 2/6

case, nature of allegations, submissions made by the learned counsels on either side, considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is 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 for a like sum to the satisfaction of the learned Judicial Magistrate, Palladam 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 Present respondent police (Kamanaikenapalayam Police Station) daily at 10.30 am., for a period of three weeks, thereafter the petitioner shall report before the respondent police in Crime No.216 of 2025 (Tharamangalam Police Station) daily at 10.30 am., for another period of two weeks and thereafter as and when required for interrogation. [c] The petitioner shall make himself available for interrogation by a Police Officer as and when required; 3/6

[d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [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, she 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. 06.08.2025 Shl 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 4/6

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, Palladam

2. The Inspector of Police, Kamanaikenpalayam Police Station Tiruppur District.

3. The Inspector of Police, Tharamangalam Police Station, Salem District

4. The Superintendent, Central Prison, Coimbatore.

5. The Public Prosecutor, High Court, Madras.

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M.NIRMAL KUMAR, J.

Shl 06.08.2025 6/6