Thiyagarajan v. The State Rep By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-02-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN 1.Thiyagarajan 2.Gopalan petitioners Vs The State Rep by its, The Inspector of Police, Mangalam Police Station, Tiruppur District. . (Crime No. 95 of 2025) Respondent(s) For petitioners (s): Mr.GURUPRASAD For Respondent(s): Mr.S.Balaji, Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 137(2) and 142 of BNS in Crime No.95 of 2025, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners who are relatives of the de facto complainant had kidnapped him; that they have also taken

the Benz Eicher truck bearing reg.No.TN42 AB 3600 belonging to the de facto complainant. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are the in laws of the de facto complainant; that the petitioners are innocent; that they have been falsely implicated in this case; that the Benz Eicher truck does not belong to the de facto complainant and in any case custodial interrogation of the petitioners is not required and hence, he prayed for grant of anticipatory bail.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police confirmed the fact that the petitioners and the de facto complainant are closely related to each other .

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and also perused the materials available on record.

6. Considering the submissions made on either side; nature of allegation; that the parties are closely related to each other; and that the vehicle was recovered and since custodial interrogation of the petitioners

is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

(a) Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.4, Tiruppur District on condition that the petitioners shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[b] the petitioners shall report before the respondent police everyday at 10:30 a.m., until further orders;

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioners 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 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 vs. State of Kerala [(2005)AIR SCW 5560];

SUNDER MOHAN, J.

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

19.02.2025 vca To

1. The State Rep by its, The Inspector of Police, Mangalam Police Station, Tiruppur District. .

(Crime No. 95 of 2025)