Gowtham v. State By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2025
CORAM
THE HONOURABLE MR. JUSTICE K.RAJASEKAR Crl.O.P.No.28574 of 2025 Gowtham ... Petitioner Vs.
State by the Inspector of Police Velampalayam Police Station, Tiruppur City.
Crime No.519 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.519 of 2025 on the file of the respondent police.
For Petitioner :
Mr.C.Munusamy For Respondent :
Mr.S.Udayakumar, Government Advocate (Crl.side)
O R D E R
The petitioner herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 281 and 110 of BNS, 2023, in Crime No.519 of 2025, on the file of the respondent Police, seeks anticipatory bail.
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2. The case of the prosecution is that the petitioner had driven his vehicle in a rash and negligent manner and dashed against the defacto complainant's motorcycle, due to which, defacto complainant and his son sustained injuries. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that it is purely a road accident and there is no intention on the part of the petitioner. He would also submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4. The learned Government Advocate (Crl.side) would submit that the injured persons have been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioner.
5. Heard the learned counsels on either side and perused the materials available on record.
6. Considering the facts and circumstances of the case and also taking note of the fact that the injured discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions: 2/4
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.III, Tiruppur, on condition that the petitioner shall execute 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 Magistrate concerned, and on further condition that:
[a] if the petitioner fails to surrender before the concerned Magistrate within a period of ten 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;
[c] 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;
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K.RAJASEKAR, J.
kmm [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. 29.10.2025 kmm To
1. The Judicial Magistrate No.III, Tiruppur.
2. The Inspector of Police Velampalayam Police Station, Tiruppur City.
3.The Public Prosecutor, High Court of Madras.
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