Dasarathan v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.5263 of 2025 Dasarathan ... Petitioner
Versus
The State rep by Inspector of Police, Veppankuppam Police Station, Vellore District.
Crime No.21 of 2025.
... Respondent Prayer: Criminal Original Petition filed under Section 482 of BNSS Act, to enlarge the petitioner on bail in the event of his arrest in connection with Cr.No.21 of 2025 on the file of the respondent police. For petitioner : Mr.A.Pavithra Priyadarshini For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS, 2023 in Crime No.21 of 2025, seeks anticipatory bail. 1/5
2. The case of the prosecution is that the petitioner along with other accused had committed theft of goats and hen worth about Rs.12,000/-.
3. The learned counsel appearing for the petitioner submitted that the the petitioner is innocent; that he has been falsely implicated in this case and prayed for anticipatory bail for the petitioner.
4. Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that the stolen animals were recovered and the petitioner has no bad antecedents.
5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record.
6. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, the fact that the stolen animals were recovered and the petitioner has no bad antecedents and since, custodial interrogation is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail 2/5
to the petitioner with certain conditions.
7.Accordingly, 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 is made ready, before the Judicial Magistrate No.III, Vellore, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that: [a] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.
[b] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[c] the petitioner shall not abscond either during investigation or trial.
[d] 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 3/5
and the Petitioner is 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];
[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
27.02.2025 Vv To
1. The Judicial Magistrate No.III, Vellore
2. The Inspector of Police, Veppankuppam Police Station, Vellore District.
3. The Public Prosecutor, High Court of Madras, Chennai.
4/5
SUNDER MOHAN, J.
Vv Crl.O.P.No.5263 of 2025 27.02.2025 5/5