Gunasekeran v. State Rep. By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-09-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.25678 of 2025 Gunasekeran ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, Gudiyatham Taluk Police Station, Gudiyatham, Vellore District.
(Crime No.222 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.222 of 2025 on the file of the respondent police. For Petitioner(s) :
Mr. G. Vinodh Kumar For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 07.09.2025, for the offences punishable under Sections 296(b), 109(1) and 351(3) of BNS (294, 307 and 506 of IPC) in Crime No.222 of 2025, registered on the file respondent police, seeks bail. 2.
The case of the prosecution is that on account of family dispute, the petitioner, who is the younger son of the victim abused and assaulted the victim using a knife and threatened him of dire consequences; that thereby the victim sustained injuries. Hence, this case. 3.
The learned counsel appearing for the petitioner submitted that the petitioner is the younger son of the victim and due to family dispute, a false case has been lodged against the petitioner. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner. 4.
The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the 2/6
prosecution case and on instruction submitted that the petitioner has no previous cases and the injured discharged from the hospital; and that the investigation is pending.
5.
Considering the facts and circumstances of the case, the relationship between the parties, the period of incarceration undergone by the petitioner and the fact that the injured was discharged from the hospital, this Court is inclined to grant bail to the petitioner with certain conditions. 6.
Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Gudiyatham 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; 3/6
[b] the petitioner shall report before the respondent police daily at 10:30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;
[c] 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];
[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 18.09.2025 stn Note :
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
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2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To 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, Gudiyatham.
2. The Inspector of Police, Gudiyatham Taluk Police Station, Gudiyatham, Vellore District.
(Crime No.222 of 2025)
3. The Superintendent, Central Prison, Vellore.
4. The Public Prosecutor, High Court of Madras.
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K. RAJASEKAR, J.
stn Crl.O.P. No.25678 of 2025 18.09.2025 6/6