Gowthaman v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-11-2025

CORAM

THE HON'BLE MRS JUSTICE S.SRIMATHY Gowthaman ..Petitioner(s) Vs The State of Tamil Nadu, Rep. by The Inspector of Police, Pasupathipalayam Police Station, Karur District.

Cr. No. 226/2025 ..Respondent(s) C-33 AB. For Anticipatory Bail in Crime No. 226/2025 on the file of the respondent Police.

For Petitioner:

M/s.S.Pandiaraj For Respondent:

Mrs. M.Aasha Government Advocate(Crl.side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 75(1), 308(4) and 351(2) of BNS, 2023 and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002, in Crime No.226 of 2025 on the file of the respondent police, seeks anticipatory bail.

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2. The case of the prosecution is that the petitioner along with other accused threatened the defacto complainant and received a sum of Rs.10,000/- at knife point.

3. The learned Government Advocate (Crl.Side) submitted that the amount was recovered and A1 has already been granted anticipatory bail. He further submitted that the petitioner is having two previous cases. However, he opposed for grant of anticipatory bail.

4.Taking into consideration of the facts and circumstances of the case and also the fact that the amount was recovered and the co-accused was already granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions:

6. 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 on which the order copy made ready, before the learned Judicial Magistrate No.I, Karur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each 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 Judicial Magistrate No.I, Karur, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 at 10.30 a.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;

(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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. 06-11-2025 PJL 3/4

S.SRIMATHY, J.

PJL To 1.The Judicial Magistrate No.I, Karur 2.The Inspector of Police, Pasupathipalayam Police Station, Karur District.

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

06-11-2025