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Madras High CourtCRL OP/35986/2025granted

K Gopi v. State Rep By The Inspector Of Police

2025-12-30Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. K Gopi Petitioner(s) Vs

1. State rep by The Inspector of Police C-3 Arani Police Station Tiruvallur Crime No 125 of 2025 Respondent(s) PRAYER To grant an Anticipatory Bail to the petitioner in the event of their arrest in Crime No. 125 of 2025 pending investigation on the file of the Respondent Police herein and thus render justice.

For Petitioner(s):

Dhanasekar D For Respondent(s):

Mr. S. Udaya Kumar Govt. Advocate (Crl. Side)

ORDER

The petitioner / Accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 329(3), 296(b), 115 (ii), 351 (3) of BNS r/w. 4 of TNPHW Act in connection with the case in Crime No.125 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that petitioner attacked the defacto complainant arising out of a land dispute.

3. Learned counsel for the petitioner would contend that the petitioner is innocent; that he has been falsely implicated in this case and that the custodial interrogation is not required in this case and hence prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that petitioner attacked the defacto complainant arising out of a land dispute and no previous cases are pending against the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.

6. Considering the nature of allegations, the land dispute between the parties and the injured was discharged from the hospital; and that no previous cases are pending against the petitioner and since the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner on 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 days from the date of receipt of a copy of this order, before the learned Judicial Magistrate - I, Ponneri on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:

[a] the petitioner and 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 every Saturday at 10.30 a.m., for a period of four weeks; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond 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 [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

30-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab 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 official website of this Court will be watermarked and will also have a QR code.

To 1.State rep by The Inspector of Police C-3 Arani Police Station Tiruvallur Crime No 125 of 2025

2. The Public Prosecutor, Madras High Court, Chennai.

3. The Judicial Magistrate - I, Ponneri.

P.DHANABAL J.

ab CRL OP No. 35986 of 30-12-2025