Gowtham & Anr. vs The State Rep By The Inspector Of Police

The first petitioner was arrested and remanded to judicial custody on 07.09.2025 and the second petitioner was arrested and remanded to judicial custody on 09.09.2025 for the alleged offence under Sections 3(5), 111(2) (b), 61(2)(A), 331(4), 305(A), 317(2) of BNS, 2023 in Crime No.901 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that the defacto complainant locked his house on 30.08.2025 and stayed elsewhere. On the next morning, he found his house ransacked and the bureau locker broken open with iron rod. Gold ornatments weighing about one sovereign and cash of Rs.8,00,000/- were found missing. Hence, the case.

The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in the present case and that they have not committed any offence as alleged by the prosecution. He further submitted that the co-accused / A2, A3 and A5 have already been released on bail by this Court on 06.08.2026 and 03.09.2026 respectively. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioners.

Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case and on instructions, submitted that the investigation is completed and the charge sheet has been filed.

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

Considering the submissions made by the learned counsel on either side, the period of incarceration already undergone by the petitioners the fact that the co-accused have already been released on bail by this Court. Hence, this Court is inclined to grant bail to the petitioners, subject to certain conditions.

Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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 learned Special Court for Trial of Cases under SC/ST (POA) Act, Tiruppur, 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 petitioners shall report before the learned

Judicial Magistrate, Palladam everyday at 10.30 a.m, for

a period of two weeks and thereafter as and when required for interrogation;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 petitioners in accordance with law as if the aforementioned 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 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.