Bikash Goala v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-09-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.26461 of 2025

1. Bikash Goala

2. Sonoj Goala ... Petitioners/ A1 & A2 Vs The State rep. by, The Inspector of Police, SIPCOT Police Station, Krishnagiri District.

(Crime No.356 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioners/accused in Crime No.356 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. C.V. Kumar For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioners, who were arrested and remanded to judicial custody on 31.08.2025 for the offences punishable under Sections 296(b), 115(2) and 109 of BNS in Crime No.356 of 2025, registered on the file respondent police, seek bail.

2.

The case of the prosecution is that on account of previous enmity, the petitioners verbally abused the defacto complainant and his friend one Manik Mondal and also brutally attacked Manik Mondal; that thereby he sustained grievous injuries and became unconscious. Hence, this case.

3.

The learned counsel appearing for the petitioners submitted that the petitioners are migrant workers from Assam and they are engaged in manpower supply business and have been providing workers to various companies in the area. He also submitted that the petitioners are well known to the defacto complainant and they have been falsely implicated due to previous enmity and they were in custody since 31.08.2025. He also 2/6

submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioners. 4.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioners reiterated the prosecution case and stated that the petitioners have no previous antecedents and the injured discharged from the hospital; and that the investigation is pending.

5.

Considering the facts of the case, the petitioners have no previous antecedents, the injured was discharged from the hospital and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions. 6.

Accordingly, the petitioners are ordered to be released on bail on their 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 No.II, Hosur, Krishnagiri District and on further conditions that:

3/6

[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 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 abscond, a fresh FIR can be registered under Section 269 of B.N.S.

25.09.2025 stn 4/6

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 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 No.II, Hosur, Krishnagiri District.

2. The Inspector of Police, SIPCOT Police Station, Krishnagiri District.

(Crime No.356 of 2025)

3. The Superintendent, Sub-Jail, Hosur, Krishnagiri District.

4. The Public Prosecutor, High Court of Madras.

5/6

K. RAJASEKAR, J.

stn Crl.O.P. No.26461 of 2025 25.09.2025 6/6