Gowtham v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No. 32964 of 2025 Gowtham ... Petitioner/A7

Versus

The State represented by The Inspector of Police Saravanampatti Police Station Coimbatore Crime No.619 of 2025.

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in Crime No.619 of 2025 on the file of respondent police.

For Petitioner : Mr.D.Padmanabhan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

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The petitioner, who was arrested and remanded to judicial custody on 29.10.2025, for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 109, 351(3) of BNS Act, 2023 in Crime No. 619 of 2025 registered on the file respondent police, seeks bail. 2.The allegation against the petitioner is that on 28.10.2025 at about 9.30 p.m., when the petitioner joining hands with other accused were celebrating birthday, they were bursting crackers, resulting in which, nuisance to the neighbors and when the de-facto complainant questioned the same, they criminally intimidated them and attacked the de-facto complainant using filthy language with knife and stone. Due to the impact, the de-facto complainant severely injured. The petitioner was arrested and remanded to judicial custody on 29.10.2025.

3.The learned Counsel for the petitioner submits that the petitioner is an innocent person, he has been falsely implicated in this case. He would 2/8

further submit that the petitioner was arrested and remanded to judicial custody from 29.10.2025. He further submits that the petitioner is ready to abide any condition imposed by this Court and sought for bail to the petitioner.

4.The learned Government Advocate [Criminal Side] appearing for the respondent police, reiterated the case of the prosecution and submits that there are totally 14 accused, the petitioner is ranked as A7 and he has no previous case. He further submits that the injured has also discharged from the hospital. Hence, he opposed for grant of bail to the petitioner. 5.Heard both sides and perused the records.

6. Considering the submissions made by the learned Counsel on either side; that the period of incarceration of the petitioner from 29.10.2025; that 3/8

the injured has discharged from the hospital; that the petitioner is not having any previous case; I am inclined to grant bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Coimbatore, 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] that 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.

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[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the 3 rd 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.

02.12.2025 MSM Index:Yes/No Speaking/Non-speaking order Internet:Yes 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 5/8

will also have a QR code.

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To

1. The Judicial Magistrate No.II, Coimbatore.

2.The Coimbatore Central Prison 3.The Public Prosecutor High Court of Madras.

4.The Inspector of Police Saravanampatti Police Station Coimbatore Crime No.619 of 2025.

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K.RAJASEKAR J.

MSM Crl.O.P.No. 32964 of 8/8

02.12.2025 9/8