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Madras High CourtCRL OP/27747/2025granted

V.Gowtham v. State Rep. By The Sub Inspector Of Police

2025-10-10Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-10-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.27747 of 2025 V. Gowtham ... Petitioner/ Accused Vs The State rep. by, The Sub-Inspector of Police, Arni Taluk Police Station, Tiruvannamalai District.

(Crime No.634 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.634 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. S. Fayashamad For Respondent(s) :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 15.09.2025, for the offences punishable under Section 304 of BNS in Crime No.634 of 2025, registered on the file of the respondent police, seeks bail.

2.

The case of the prosecution is that on 10.09.2025 at about 01:35 p.m., the accused person had snatched defacto complainant's gold chain; that upon investigation, it is revealed that the petitioner herein is involved in the offence. Hence, this case.

3.

The learned counsel appearing for the petitioner submitted that the snatched gold chain was recovered and the petitioner was falsely implicated in this case. 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 stated that the snatched gold chain was recovered from the petitioner; and that the petitioner has no previous antecedents; and that the investigation is pending.

5.

Considering the facts of the case, the petitioner has no previous antecedents and the snatched gold chain was recovered and the period of incarceration undergone by the petitioner, 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.15,000/- (Rupees Fifteen Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate Court, Arni 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;

[b] the petitioner shall report the respondent police 3/6

daily at 10:30 a.m., for a period of four 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.

10.10.2025 stn 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.

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To

1. The Judicial Magistrate, Arni.

2. The Sub-Inspector of Police, Arni Taluk Police Station, Tiruvannamalai District.

(Crime No.634 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.27747 of 2025 10.10.2025 6/6