Mukundhan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-04-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL O.P NO.10986 of 2025
1. K. Mukundhan S/o. Karthikeyan
2. K. Vasanth S/o. Karthikeyan ....Petitioners/Accused Vs The State represented by The Inspector of Police, Maraimalai Nagar Police Station, Chengalpattu District (Crime No.190/2024) ....Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.190 of 2024, on the file of the respondent police.
For Petitioners : Ms. S. Mounika 1/6
For Respondent : Mr. S. Balaji Government Advocate (Crl. Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 380 of IPC, in Crime No.190 of 2024, on the file of the respondent police, seek anticipatory bail. 2.
The case of the prosecution is that A1 had stolen the jewels of the de facto complainant and pledged a portion of the same with the pawn broker and handed over 4 sovereigns of jewels to the petitioners, who are her sons; that the de facto complainant redeemed the same for Rs.1,50,000/- and that the accused persons did not return the money and thus committed the aforesaid offence.
3. The learned counsel for the petitioners would submit that the petitioners are innocent; that the petitioners had not committed any offence; that A1 was granted bail by the trial court ; and that without prejudice to their contentions, to show their bonafides, the petitioners are ready to deposit Rs.50,000/- to the credit of the crime number and prayed for 2/6
anticipatory bail to the petitioner.
4.The learned Government Advocate(Crl. Side) reiterated the prosecution case and submitted that jewels are yet to be recovered and that A1 was granted bail by the trial court.
5. Considering, the nature of allegations against the petitioners and the fact that A1 was granted bail by the trial court and since, custodial interrogation of the petitioners is not required, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Further, taking into consideration the voluntary submission made by the petitioners offering to deposit a sum of Rs.50,000/- to the credit of crime number, this Court is of the opinion that as one of the conditions for grant of anticipatory bail, the petitioners may be directed to deposit a sum of Rs.50,000/- (Rupees fifty thousand only) to the credit of Crime No.190 of 2024. 6.
Accordingly, the petitioners shall deposit a sum of Rs.50,000/- (Rupees fifty thousand only) to the credit of Crime No.190 of 2024 and on such deposit and on receipt of proof of payment, the petitioners are ordered to be released on bail in the event of arrest or on 3/6
their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-II, Chengalpattu, on condition that each of 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] 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.
[b] the petitioners shall report before the respondent police daily at 10.30. a.m., until further orders.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners shall not abscond either during investigation or trial.
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[e] 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 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 abscond, a fresh FIR can be registered under Section 269 of B.N.S. 15.04.2025 bga To
1. The Judicial Magistrate-II, Chengalpattu.
2. The Inspector of Police, Maraimalai Nagar Police Station, Chengalpattu District
3. The Public Prosecutor, High Court, Madras. 5/6
SUNDER MOHAN, J.
bga Crl.O.P. No.10986 of 2025 15.04.2025 6/6