Gokul v. The State By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-10-2025
CORAM
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR Crl.O.P. No. 27075 of 2025
1. GOKUL S/o. Mohan, No.762, Ambedkar Street, Kamakur Village, Kamakurpalayam Post, Arani Taluk, Tiruvannamalai District.
2. ARUN S/o. Baskaran, No. 738, Ambedkar Street, Kamakur Village, Kamakurpalayam Post, Arani Taluk, Tiruvannamalai District.
3.THILAK KUMAR S/o. Mayilvannan, No. 721, Ambedkar Street, Kamakur Village, Kamakurpalayam Post, Arani Taluk, Tiruvannamalai District.
Petitioners(s) Vs
1. The State by, Inspector of Police, Arani Taluk Police Station, Tiruvannamalai District.
Crime No. 588 of 2025 Respondent(s)
PRAYER To enlarge the petitioners on bail in the event of arrest by the respondent police in Crime. No.588/2025 on the file of the respondent police. For petitioners(s):
M/s. Thirumoorthy D For Respondent(s):
Mr.S.Santhosh Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303 (2) of BNS, 2023 in Crime No.588 of 2025, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners were involved in a theft of bikes. Hence, the case.
3.Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case; that the petitioners have never committed any offence as alleged by the prosecution; and that the petitioners are ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertakes to appear and to co-operate for the investigation, and prayed for anticipatory bail to the petitioners.
4.Learned Government Advocate (Crl. Side) appearing for the respondent police, reiterated the prosecution case and opposed for grant of anticipatory bail to the petitioners.
5.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record.
6.Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, since, custodial interrogation is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
8.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Arani, Tiruvannamalai District, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a]the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioners shall report before the learned Judicial Magistrate, Arani, Tiruvannamalai, every Monday to Friday at 10.30 a.m., and appear before the respondent police
at 10.30 a.m. on every Saturday and Sunday until further orders.
[c] The petitioners shall separately deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the Dean, Rajiv Gandhi Government General Hospital, Chennai, bearing A/c. No.10273425961, State Bank of India, Park Town (Chennai), 68, Evening Bazaar Road, Chennai, IFSC:SBIN0001856. [c]the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d]the petitioners shall not abscond either during investigation or trial.
[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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)AIR SCW 5560].
[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
03.10.2025 kas 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 official website of this Court will be watermarked and will also have a QR code.
To
1. The Inspector of Police, Arani Taluk Police Station, Tiruvannamalai District.
Crime No. 588 of 2025.
2. The Judicial Magistrate, Arani, Tiruvannamalai.
3. The Public Prosecutor, High Court of Madras, Chennai.
N.SENTHILKUMAR J.
kas Crl.O.P. No. 27075 of 2025 03-10-2025