Govindaraj v. The State Rep By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-09-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.22870 of 2025 Govindaraj ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, Mathur Police Station, Krishnagiri District.
(Crime No.313 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent police concerned in Crime No.313 of 2025, on the file of the respondent police. For Petitioner : Mr. K. Prabhu For Respondent : Mr. S. Udayakumar Government Advocate (Crl.Side) ****** 1/6
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 331(3) and 305(a) of BNS in Crime No.313 of 2025, on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that on 05.08.2025, the petitioner herein, who is the neighbour of the defacto complainant had trespassed and taken away the gold jewels and Rs.50,000/- from the house of the defacto complainant. Hence, this case.
3. The learned counsel appearing for the petitioner submitted that a false complaint has been lodged against the petitioner on account of land dispute between the petitioner and the defacto complainant. He further submitted that it is alleged by the defacto complainant that the petitioner had taken the jewels on 05.08.2025, however the complaint was lodged on 10.08.2025 after five days. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for anticipatory bail to the petitioner.
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4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and on instruction submitted that the petitioner has no previous antecedents. He further submitted that the investigation is pending, hence opposed the grant of anticipatory bail to the petitioner.
5. Considering the submissions made by the learned counsel appearing on either sides, the fact that the petitioner has no previous antecedents, the age of the petitioner and taking note of the fact that the complaint was lodged belatedly, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. 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 on which the order copy made ready, before the learned District Munsiff Cum Judicial Magistrate, Pochampalli on condition that the petitioner 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 3/6
of the learned Magistrate concerned and on further condition that: [a] if the petitioner fails to surrender before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, 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 the identity proofs to ensure their identity;
[c] the petitioner shall report before the respondent police daily at 10.30.a.m., until further orders;
[d] 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 4/6
Kerala [(2005)13 SCC 283];
[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 22.09.2025 stn To
1. The District Munsif Cum Judicial Magistrate, Pochampalli.
2. The Inspector of Police, Mathur Police Station, Krishnagiri District.
(Crime No.313 of 2025)
2. The Public Prosecutor, High Court of Madras.
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K. RAJASEKAR, J.
stn Crl.O.P. No.22870 of 2025 22.09.2025 6/6