Sethuraj v. The State Represented By, Inspector Of Police

CRL OP NO. 260 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 260 of 2025 Sethuraj petitioners(s) Vs The State Rep. By, The Inspector Of Police Shankar Nagar Police, Chengalpattu - Dt., Cr.No.575/2024 Respondent(s) For petitioners(s):

M.Siva For Respondent(s):

S.Santhosh Government Advocate (criminal Side).

ORDER

Apprehending arrest in connection with Crime No.260 of 2024, registered for the offences punishable under Sections 331(3), 305 of BNS, 2023, the present petition has been filed seeking anticipatory bail. 2.Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this court. He would submit that he is innocent and no way connected with this case. Based on the confession of the arrested accused, the petitioner has been falsely implicated in this case. He would further submit that he is ready to abide by any stringent condition that may be imposed by this Court.

3.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that on 24.10.2024, the accused committed theft of several house hold articles from the defacto complainant's house. In this case totally five accused and the petitioner herein is A1 and he is also the part of the gang. He would further submit that certain articles had been recovered from the accused and remaining articles are ye to be recovered. He would further submit that there are three previous case similar in nature as against the petitioner, out of three cases, two cases have been disposed of.

4.Having heard the learned counsel for the petitioner, and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5.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 District Munsif cum Judicial Magistrate Court at Pallavaram, on condition that the petitioners shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intend 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 that:

[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent police on everyday at 06.30 p.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 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)AIR SCW 5560];

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

08-01-2025 ah To 1.The District Munsif cum Judicial Magistrate Court at Pallavarm.

2.The Inspector Of Police Shankar Nagar Police, Chengalpattu - Dt.

A.D.JAGADISH CHANDIRA, J.

ah CRL OP NO.260 of 2025 08.01.2025