Arunkumar v. The State Rep By Its The Sub-Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-04-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP No. 10062 of 2025 1.Arunkumar 2.Giri Petitioner(s) Vs The State Represented by, The Sub-Inspector of Police, Udumalpet Police Station, Tiruppur District.
(Cr.No.175 of 2025) Respondent(s) For Petitioner(s):
Mr.Raji Rajkumar For Respondent(s): Mr.S.Balaji, Government Advocate (Criminal Side) PRAYER To enlarge the petitioners on anticipatory bail in the event of their arrest by the respondent in Crime No.175 of 2025 on the file of the Respondent.
ORDER
The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 303(2) of BNS, in Crime No.175 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 the theft of 6 pigs worth about Rs.60,000/-.
3. Learned counsel appearing for the petitioners would submit that the petitioners are innocent person and they have been falsely implicated in this case and that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court, and prayed for anticipatory bail to the petitioners.
4.Learned Government Advocate (Crl. Side) appearing for the respondent Police reiterated the prosecution case and on instructions submitted that there are three previous cases against the petitioners and they are on bail in those cases.
5. At this juncture, the learned counsel for the petitioners submitted that the petitioners would deposit a sum of Rs.10,000/- each, without prejudice to their defence.
6. Heard the learned counsel for the petitioners, the learned Government Advocate (Criminal Side) appearing for the respondent police and perused the materials available on record. 2 / 6
7. Considering the nature of allegations; the fact that the petitioners are on bail in the previous cases; the petitioners are willing to deposit an amount of Rs.10,000/- each, to the credit of Crime No.175 of 2025, and since custodial interrogation of the petitioners are not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
8. 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 on which the order copy made ready, before the learned Judicial Magistrate No.I, Udumalaipettai, on condition that the petitioners 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners shall deposit a sum of Rs.10,000/- each, to the credit of Crime No.175 of 2025 before the learned Judicial Magistrate No.I, 3 / 6
Udumalaipettai, within a period of two weeks from the date of receipt of a copy of this order and on such deposit, the de-facto complainant is permitted to withdraw the same, on filing undertaking affidavit that the withdrawal is subject to the result of the trial with proper identification and acknowledgment;
[b] the petitioners 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;
[c] the petitioners shall report before the respondent Police daily, at 10.30 a.m., until further orders.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] the petitioners shall not abscond either during investigation or trial;
[f] 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 4 / 6
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]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. drl 08-04-2025 To
1. The Sub-Inspector of Police, Udumalpet Police Station, Tiruppur District.
2.The Public Prosecutor, High Court, Madras.
SUNDER MOHAN, J.
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drl CRL OP No. 10062 of 2025 08.04.2025 6 / 6