Govindaraju v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Govindaraju Petitioner(s) Vs The State rep by Inspector of Police, Pallapatty Police Station, Salem District. Crime No.454 of 2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to order enlarge the petitioner on bail in the event of arrest in Crime No.454 of 2025 on the file of the Respondent. For Petitioner(s):

Mr.Deepak Kumar C For Respondent(s):

Ms.J.R.Archana Government Advocate (Crl.Side)

ORDER

Apprehending arrest in connection with Crime No.454 of 2025 registered for the offences punishable under Sections 309(4), 311 & 351(3) of BNS Act, against the petitioner, the present petition has been filed by the petitioner seeking anticipatory bail.

2. The case of the prosecution is that on 21.11.2025, at about 09.00 a.m., when the defacto complainant was standing near the culvert opposite SKC Silks, the petitioner herein and other accused committed robbery and robbed a sum of Rs.80,500/- from him. Hence the complaint.

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. He would further submit that he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) for the respondent reported that there is no previous cases pending against the petitioner and from the accused an amount of Rs.80,000/- has been recovered and the balance amount of Rs.500/- is yet to be recovered and the investigation in this case is pending. Hence, he opposed for the grant of anticipatory bail to the petitioner.

6. Considering the nature of allegation; there is no previous cases pending against the petitioner; that the majority of the amount has been recovered and no previous cases reported against the petitioner, 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 (15) days from the date on which the order copy is made ready, before the learned Judicial MagistrateII, Salem 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 respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] 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 petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 petitioner in accordance with law as if the 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 reported in [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S 02-12-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State rep by Inspector of Police, Pallapatty Police Station, Salem District. Crime No.454 of 2025 2.The Judicial Magistrate-II, Salem.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 32896 of 02-12-2025