Gopal v. The State Rep.By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.34242 of 2025 1.Gopal

2. Sivasamy

3. Gunasekaran

4. Venkatachalam

5. A.Kathirvel

6. Mahendran ... Petitioners Vs.

State rep by Inspector of Police, Uthiyur Police Station, Tiruppur.

... Respondent (Crime No.225 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioners on bail, in the event of arrest in Crime No.225 of 2025 on the file of the respondent. For Petitioner : Mr.J.Franklin For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)

ORDER

The petitioners, who apprehend arrest for the alleged offence under Sections 189(2), 191(2), 296(b), 115(2), 118(1), 351(3) of BNS in Cr.No.225 of 2025 on the file of the respondent police, seeks anticipatory bail. 1/5

2. The case of the prosecution is that, due to a pre-existing landlordtenant dispute, the petitioners, along with others, attacked the defacto complainant with hockey sticks and other deadly weapons and caused injuries to him, which led to the registration of the FIR. Hence, the present case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent and have not committed any offence as alleged by the prosecution. He further submitted that some of the co-accused have already been enlarged on bail and anticipatory bail and hence, he prayed for the grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the injured has been discharged from the hospital. However, he opposed the grant of anticipatory bail to the petitioners.

5. Heard the learned counsel appearing on either side and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case, the fact that some of the co-accused have already been enlarged on bail and anticipatory bail, and that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, subject to 2/5

certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned Judicial Magistrate, Kangeyam on condition that each of the petitioners shall execute separate bonds for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that: (a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) 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 identify proofs to ensure their identity; (c) The petitioners 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;

(d) The petitioners shall not tamper with evidence or witness either during investigation or trial; 3/5

(e) The petitioners shall not abscond either during investigation or trial:

(f) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (g)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

15.12.2025 Vv To

1. The Judicial Magistrate, Kangeyam

2. The Inspector of Police, Uthiyur Police Station, Tiruppur.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.34242 of 2025 15.12.2025 5/5