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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Govindharaj ... Petitioner Vs.

The State Rep. by, The Inspector of Police, Pernampet Police Station, Vellore District.

Crime No.221 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of apprehending arrest in Crime No.221 of 2025 on the file of respondent Police. For Petitioner :

Mr.Vivek A For Respondent :

Mr.S.Vinoth Kumar Government Advocate (Criminal Side)

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS, 2023, in Crime No.221 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that on 21.07.2025, during night, the 1/4

petitioner along with others, committed theft of cattle from the defacto complainant's cattle shed. Hence, the case.

3. The learned Government Advocate (Crl. Side) submitted that the cattle were recovered from A1 and A2. However, he opposed the grant of anticipatory bail to the petitioner.

4. Heard the learned counsels on either side and perused the materials available on record.

5. Considering the nature of the offence and since the custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions.

6. Accordingly, the petitioner is directed to deposit a sum of Rs.20,000/- [Rupees Twenty Thousand Only] to the credit of Crime No.221 of 2025 before the trial Court, on such deposit and production of proof, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on or before 28.08.2025, before the learned Judicial Magistrate Court, Gudiyatham, 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 2/4

satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] if the petitioner fails to surrender before the said Magistrate on or before 28.08.2025, 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 Kerala [(2005)13 SCC 283]; Dr.G.JAYACHANDRAN, J.

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

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19.08.2025 rpl To 1.The Judicial Magistrate Court, Gudiyatham.

2.The Inspector of Police, Pernampet Police Station, Vellore District.

3. The Public Prosecutor, High Court of Madras.

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