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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN Sakthi Petitioner Vs The State Rep By The Inspector of Police Pappireddipatti Police Station, Dharmapuri District.

(Crime No.197 of 2024) Respondent Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner/Accused on anticipatory bail in the event of arrest in Crime No. 197 of 2024 pending on the file of the respondent police.

For Petitioner :

Mr.E.Sathiyaraj Elangovan For Respondent :

Mr.S.Santhosh, Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 316(5) of the BNS, in Crime No.197 of 2024, on the file of the respondent police, seeks anticipatory bail.

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2.

The case of the prosecution is that the petitioner, who is working as a head constable in the respondent police station had committed theft of tyre and rim of a seized two wheeler, parked at the respondent police station.

3.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent; that due to personal enmity between the petitioner and another head constable, he has been falsely implicated in this case; and in any case, custodial interrogation is not required and prayed for anticipatory bail to the petitioner. 4.

The 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 tyre of the two wheeler was recovered, and that a charge memo was issued to the petitioner.

5.

Taking into consideration the facts and circumstances of the case, the submissions made by either sides, the nature of the 2/6

allegations, and since, custodial interrogation is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.

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, Pappireddipatti, Dharmapuri District, on condition that the petitioner shall execute a separate 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, and on proof of payment of deposits, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

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

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[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 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)AIR SCW 5560].

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

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To:

1.

The Inspector of Police Pappireddipatti Police Station, Dharmapuri District.

2.

The Judicial Magistrate, Pappireddipatti, Dharmapuri District 3.

The Public Prosecutor, High Court Madras.

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SUNDER MOHAN, J.

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