G.Gokulakannan v. The State Rep By, the Sub-Inspector of Police,

O R D E R The petitioner, who apprehends arrest at the hands of the respondent police, for the alleged offence punishable under Sections 191(2), 191(3), 329(4), 296(b), 118(1) and 351(3) of BNS 2023, Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 2002 and Section 3 of Tamil Nadu Property in Crime No.173 of 2024 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with other accused trespassed into the house of the defacto complainant, used filthy language, abused her and her daughter and caused damage to the household articles, amounting to approximately Rs.80,000/-.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case.

4.The learned Government Advocate (Crl.Side) states that the investigation is pending and the petitioner has five previous cases pending against him.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

¶6Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, on or before 28.08.2025 before the learned Judicial Magistrate, Vandavasi, 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 likesum 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 condition:

(a)the petitioner shall deposit a sum of Rs.25,000/- (Rupees twenty five thousand only) to the credit of Crime No.173 of 2024 on the file of the Judicial Magistrate, Vandhavasi, on or before

28.08.2025;

(b)If the petitioner fails to surrender before the concerned Magistrate on or before 28.08.2025, this order shall stand automatically cancelled;

(c)The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(d)The petitioner shall report before the respondent police daily twice at 10.30 a.m and 05.30 p.m., until further orders;

(e)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(f)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

18.08.2025 ari To

1.The Judicial Magistrate, Vandhavasi.

2.The Sub Inspector of Police, Vandavasi, South Police Station, Thiruvannamalai District.

3.The Public Prosecutor, High Court, Madras. DR.G.JAYACHANDRAN,J. ari

18.08.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.08.2025 CORAM THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN G.Gokulakannan(M/20) 393 A, KINARRU STREET METTU ECHUR, ECHUR POST, Echur, Tiruvannamalai, Tamil Nadu 604 404. .. Petitioner/Accused /versus/ The State rep.by The Sub Inspector of Police, Vandavasi South Police Station, Thiruvannamalai District. (Crime No.173 of 2024) ..Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No.173 of 2024 on the file of the respondent police. For Petitioner :Mr.S.Sarath Kumar For Respondent :Mr.L.Baskaran Govt. Advocate (Crl.Side)