Govindhasamy vs The State Rep By The Sub Inspector Of Police

The petitioner, who was arrested and remanded to judicial custody on 21.09.2026 for the alleged offence under Sections 303(2) and 326(a) of BNS, 2023 in Crime No.307 of 2026 on the file of the respondent, seeks bail.

The case of the prosecution is that the petitioner along with other accused had illegally transported half unit of river sand in a bullock cart. Hence, the complaint.

The learned counsel for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He further submitted that the co-accused was released on bail. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner along with other accused had illegally transported half unit of river sand in a bullock cart. He further submitted that the petitioner has four previous cases, pending against him. Hence, he opposed to grant bail to the petitioner.

I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

Considering the submissions made by the learned counsel on both sides, though the petitioner has four previous cases, considering the nature of the allegations, the period of incarceration already undergone by the petitioner and the quantity involved, this Court is inclined to enlarge the petitioner on bail, subject to stringent conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the Judicial Magistrate, Gudiyatham, and on further conditions that:

[a] 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 the identity proofs 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 abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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