Sakthivel v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Sakthivel ... Petitioner Vs.

The State represented by, The Inspector of Police, Denkanikottai Police Station, Krishnagiri District.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in connection with Crime No.30 of 2025 on the file of respondent Police.

For Petitioner :

Mr.J.Pradeep For Respondent :

Mr.V.Meganathan Government Advocate (Criminal 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 in Crime No.30 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1/6

2. The case of the prosecution is that the accused had committed theft of the de facto complainant's two wheeler, which was parked in front of the de facto complainant's house. Hence the case.

3. The contention of the petitioner is that the petitioner/A4 is innocent and has been falsely implicated in this case. He also submitted that since some of the petitioner's friends were involved in this crime, the petitioner was also shown as one of the accused in this case. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for granting anticipatory bail to the petitioner. He further submitted that the petitioner/A4 herein has also actively participated in this offence along with three other accused and against the petitioner, five similar nature cases are pending. He also submitted that the stolen vehicles were recovered. 2/6

5. Heard both sides and perused the materials available on record.

6. Considering the submissions made by the learned counsel appearing on either sides and taking note of the nature of the allegations and that the stolen two wheelers were recovered, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. 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 Judicial Magistrate, Denkanikottai, Krishnagiri, on condition that the petitioner 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall 3/6

stand automatically cancelled;

[b] 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; [c] the petitioner shall report before the respondent Police everyday at 10.30 a.m., for a period of three weeks and thereafter as and when required; [d] the petitioner shall not abscond either during investigation or trial and he shall make himself available for interrogation by a Police Officer as and when required; [e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;;

[f] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[g] 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 4/6

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];

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 02.07.2025 ham To

1. The Judicial Magistrate, Denkanikottai, Krishnagiri.

2. The Inspector of Police, Denkanikottai Police Station, Krishnagiri District.

3. The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

ham 02.07.2025 6/6