Ankit Khalkho v. The State Rep.By Its,The Inspector Of Police,
CRL OP NO. 9639 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-04-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 9639 of 2025
1. Ankit Khalkho 2.C.Ravi Petitioner(s) Vs The State Rep.By Its,the Inspector Of Police, Magaral Police Station, Magaral, Kanchipuram District. Cr.No.31/2025.
Respondent(s) For Petitioner(s):
Mr. K G Senthil Kumar For Respondent(s):
Mr.S.Balaji Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under under Sections 303(2) (Theft) of BNS (379 of IPC) and r/w 21(1) of M.M.D.R.Act, 1957 in Crime No.31 of 2025.
2. The case of the prosecution is that the petitioners/accused were found to be in possession of 4 units of rough stones.
3. The learned counsel for the petitioners submitted that the contraband have been seized and that the custodial interrogation is not required in this case and hence
prayed to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instructions submitted that the contraband was seized and that there is no previous case against the petitioners.
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 contraband was seized; the petitioners have no antecedents 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:
7. Accordingly, the petitioners are 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.II,
Kanchipuram on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 petitioners shall report before the respondent police daily at 10.30 a.m., until further orders.
[b] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[c] the petitioners 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 Petitioners in accordance with law as if the conditions have been imposed and the Petitioners 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.
02-04-2025
msv To The Inspector Of Police, Magaral Police Station, Magaral, Kanchipuram District.