Godwin John Raja @ Godwin John Raj v. State Of Tamilnadu Rep By Inspector Of Police, Marthandam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.11.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.21249 of 2025 Godwin John Raja @ Godwin John Raj ... Petitioner/ Accused No.3 Vs The State of Tamilnadu, Rep by the Inspector of Police, Marthandam Police Station, Kanniyakumari District.

(Crime No.532 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.C.Herold Singh For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.532 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 27.10.2025 for the offences punishable under Section 308(5) of BNS, 2023, in Crime No.532 of 2025 on the file of the respondent police, seeks bail.

2. The prosecution case is that the defacto complainant befriended the first accused through an app and met both accused at Kallukooty on 12.10.2025 at 10:00 p.m. The accused allegedly forced him into immoral acts, and when he refused, two others assaulted and abused him, robbed his gold chain, ring, and bracelets, and threatened him with a beer bottle. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 27.10.2025. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that the accused allegedly forced the defacto complainant into immoral acts, and when he refused, two others assaulted and abused him, robbed his gold chain, ring, and bracelets, and threatened him with a beer bottle. He further submitted that the stolen properties have been recovered and that eight previous cases are pending against the petitioner.

5. Taking into consideration of the fact that the stolen properties have been recovered and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing 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 learned Judicial Magistrate No.I, Kuzhithurai, Kanniyakumari District, and on further conditions that :- 3/6

[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 Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall stay at Tirunelveli and report before the Inspector of Police, Town Police Station, Tirunelveli, daily at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with the 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 is 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].

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

(S S Y J) 24.11.2025 jbr To

1. The Judicial Magistrate No.I, Kuzhithurai, Kanniyakumari District.

2. The Superintendent, District Jail, Nagercoil.

3. The Inspector of Police, Marthandam Police Station, Kanniyakumari District.

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

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S.SRIMATHY,J.

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ORDER

IN CRL OP(MD) No.21249 of 2025 Date : 24.11.2025 6/6