Govindharaj v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Govindharaj, S/o.Gurunathan ... Petitioner Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Srivilliputtur Town Police Station, Virudhunagar District.
(Crime No.335 of 2024) ... Respondent/Complainant For Petitioner : Mr.C.Susikumar, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.335 of 2024 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 194 of BNSS, 2023 @ 105 of BNS, 2023 in Crime No.335 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner runs a sound service under the name and style of "Ganesh Sound Service". On 05.08.2024, at about 9.15 p.m., when the de-facto complainant's mother was returning home, she touched an electric pole, where a street tube light had been installed for a temple function by the petitioner. She was electrocuted and died. Hence, the case.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person, and has been falsely implicated in this case. He further submits that the petitioner is willing to co-operate with the investigation and is ready to appear before the respondent police on a daily basis. Hence, he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) submits that the petitioner is the sole accused in this case, and there is no previous case against the petitioner. However, he has not raised any serious objection to allow this petition.
5. Considering the facts and circumstances of the case, and taking into account of the fact, that as the date of occurrence is 05.08.2024, by this time most of the 2/5
investigation would have been completed, and also considering the fact that there is no previous case against the petitioner, this Court is inclined to enlarge the petitioner on anticipatory bail.
6. Accordingly, the petitioner is ordered to be released on bail in the event of his 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 No.II, Srivilliputtur on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.II, Srivilliputtur 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 daily twice i.e. 10.30 a.m. and 05.30 p.m., until further orders;
(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; 3/5
(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]; and; (f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 05/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
MKN TO 1 THE JUDICIAL MAGISTRATE NO.II, SRIVILLIPUTHUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, SRIVILLIPUTTUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.9387 of 2025 Date :05/06/2025 SA/SAR. /10.06.2025/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5