R.Gopi v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL.O.P.No.28924 of 2025 R.Gobi ... Petitioner/ Accused Vs State rep. by Inspector of Police, Santhavasal Police Station, Tiruvannamalai District.

(Crime No.340 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent in Crime No.340 of 2025 on the file of the respondent police.

For Petitioner : Mr.S.Valarmathi For Respondent : Mr.S.Udayakumar Government Advocate (Crl.Side) ****** 1/6

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS in Crime No.340 of 2025 on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that on 30.09.2025, the two wheeler of the defacto complainant bearing Registration No.TN-97-B-6296 found missing from the place where he parked, hence a complaint was lodged before the respondent police; that later on a vehicle check-up, the respondent police found the accused persons came in the said two wheeler; that on seeing the police, the petitioner herein escaped from the spot and the respondent police arrested other accused; and that upon their confession, the petitioner was arrayed as accused in this case.

3. The learned counsel appearing for the petitioner submitted that the petitioner was falsely implicated in this case, he has not involved in the above said offence. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court, hence sought for anticipatory bail to the petitioner.

4.

The learned Government Advocate (Crl. Side) appearing for 2/6

the respondent police while opposing the anticipatory bail to the petitioner reiterated the prosecution case and submitted that the stolen two wheeler was recovered; that the petitioner has no previous antecedents; and that the investigation of this case is pending.

5. Considering the facts and circumstances of this case, the petitioner has no previous antecedents and the stolen two wheeler has been recovered, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. 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, Polur, Tiruvannamalai District 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 fifteen days from the date on which the order copy made ready, this Order shall stand automatically cancelled;

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[b] the sureties shall affix his 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; [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, Polur, Tiruvannamalai District.

2. The Inspector of Police, Santhavasal Police Station, 4/6

Tiruvannamalai District.

(Crime No.340 of 2025)

3. The Public Prosecutor, High Court of Madras.

K. RAJASEKAR, J.

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Crl.O.P.No.28924 of 2025 25.10.2025 6/6