N.Gunasekaran v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.27272 of 2025 N.Gunasekaran ... Petitioner Vs.

State represented by Inspector of Police, Singanallur Police Station, Coimbatore.

... Respondent (Cr.No.466 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of arrest in connection with Cr.No.466 of 2025 on the file of the respondent police.

For Petitioner : Mr.B.Vetrivel For Respondent : Mr.Udayakumar, Government Advocate (Crl. Side).

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 316(4), 344, 61(2) of BNS, 2023 in Crime No.466 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is a pawn broker and doing business in the name and style of "Krishna Pawn Brokers". The 1/6

petitioner along with other accused have misappropriated 8.53 grams of gold ornaments from the year 2021 along with substantial amount of cash. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case on the ground that he is the husband of A3 and that he is presently employed in a lathe workshop at Tiruppur. Hence, he prayed for anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent police would submit that totally there are five accused in this case and that the majority of the allegation is against the three persons, who are the staff members and the petitioner is ranked as A5. He would further submit that the petitioner abetted his wife to commit misappropriation. He would also submit that no one is arrested in this case. Hence, he opposed for grant of bail to the petitioner.

5. Heard the learned counsel on either side and perused the materials available on record.

6. Considering the facts and circumstances of the case, submissions made by learned counsels on either side, also considering the fact that 2/6

majority of the allegation is leveled against the accused Nos.1 to 4 and the petitioner / A5 only abetted his wife to commit the misappropriation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. 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 Judicial Magistrate 3, Coimbatore on condition that the petitioner shall execute 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 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 of receipt of a copy of this order, 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;

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K.RAJASEKAR , J.

kmm [c] the petitioner shall report before the respondent Police daily at 10.30 am for a period of three weeks and thereafter, as and when required for interrogation;

[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];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 25.10.2025 kmm To

1. The Judicial Magistrate 3, Coimbatore.

2. The Inspector of Police, Singanallur Police Station, Coimbatore.

3.The Public Prosecutor, High Court of Madras.

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