A. Gokul v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI A.Gokul, S/o.Andisamy ... Petitioner/Accused Rank Not known Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Keelavalavu Police Station, Madurai District.

(Crime No.92 of 2024) ... Respondent/Complainant For Petitioner : Mr.S.Thirumani, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS. PRAYER :- For Anticipatory Bail in Crime No.92 of 2024 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 326, 307 IPC r/w 3 of Explosive Substances Act 1908 and 3(1) of Prevention of Damage to Public Property Act 1984, in Crime No.92 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that during temple festival, the first accused quarreled with his paternal uncle sons and assaulted them, when the same was questioned by the defacto complainant, there arose dispute between the accused and the defacto complainant. In order to wreck vengeance, on 20.04.2024 at about 08.30 pm, the petitioner along with other accused persons abused the defacto complainant in filthy language, attacked him with deadly weaspons and also thrown country bombs against him. Thereafter, the first accused tried to attack him with knife and threatened him with dire consequences. Hence, the complaint. 3.The learned counsel for the petitioner submits that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He further submits that the co-accused was granted anticipatory bail by this Court in Crl.OP 2/6

(MD)No.5948 of 2025, dated 01.04.2025 and the petitioner is ready and willing to abide any conditions that may be imposed by this Court. 4.The learned Government Advocate (Criminal Side) submits that on 20.04.2024, due to prior enmity with the defacto complainant in connection with temple festival, the first accused along with other accused persons, attacked the defacto complainant by deadly weapons and also using country bomb. He further submits that there are totally 21 accused in this case, the petitioner herein arrayed as A15. A5, A7 to A17 were already arrested and released on bail and A12 was granted anticipatory bail by this Court. However, he opposed to grant anticipatory bail by this Court.

5.Considering the facts and circumstances of the case, and taking into account of the fact that the occurrence had taken place on 20.04.2024, by this time, most of the investigation might have been completed and some of the co-accused were already released on bail and A12 was already granted anticipatory bail by this Court, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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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, Melur, 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, Melur, 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 furnish his residential address and mobile number to the learned Judicial Magistrate, Melur. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Melur;

(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

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(e) the petitioner 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 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; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 30/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 1.The Judicial Magistrate, Melur.

2.Do through the Chief Judicial magistrate, Madurai. 3.The Inspector of Police, Keelavalavu Police Station, Madurai District.

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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.DINESH, Advocate ( SR-8272[I] dated 01/08/2025 )

ORDER

IN CRL OP(MD) No.12633 of 2025 Date :30/07/2025 PR/20.08.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6