Santhosh v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP No. 11502 of 2025 Santhosh Petitioner Vs The State represented by The Inspector of Police, Mappedu Police Station, (Cr.No.416 of 2024) Respondent For Petitioner:

Mr.V.Bhagyaraj For Respondent(s): Mr.S.Balaji, Government Advocate (Criminal Side) PRAYER To enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent in Crime No.416 of 2024 on the file of the Respondent.

ORDER

The petitioner who apprehends arrest at the hands of the respondent for the offences punishable under Sections 306, 296(b), 351(3), 317(2), 61(2) of BNS, in Crime No.416 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 along with other accused had committed the theft of 2,500 kg of raw materials of worth about Rs.2,50,000/- from the Dynamic Private Company Limited, where the defacto complainant is working as a HR Manager. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the allegations are false; that he has been falsely implicated in this case; that the incident had taken place in the year 2024 and in any case, custodial interrogation is not required and sought for anticipatory bail.

4. Learned Government Advocate (Criminal 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 a portion of the stolen property has been recovered from the co-accused; and that the petitioner has no bad antecedents.

5. At this juncture, the learned counsel for the petitioner voluntarily submitted that the petitioner, in order to show his bonafides, is ready and willing to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Crime No.416 of 2024 without prejudice to his defense.

6. Heard the learned counsel for the petitioner, the learned 2 / 6

Government Advocate (Criminal Side) appearing for the respondent police and perused the materials available on record.

7. Taking note of the facts and circumstances of the case, nature of allegations, the fact that a portion of the stolen property has been recovered, the submission that the petitioner is willing to deposit an amount of Rs.50,000/- to the credit of Crime No.416 of 2024 and since, custodial interrogation is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

8. 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 No.II, Thiruvallur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 condition that: 3 / 6

[a] the petitioner shall deposit a sum of Rs.50,000/- to the credit of Crime No.416 of 2024 before the learned Judicial Magistrate No.II, Thiruvallur within a period of four weeks from the date of receipt of a copy of this order.

[b] 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;

[c] the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] the petitioner 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 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]; 4 / 6

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. drl 29-04-2025 To

1. The Inspector of Police, Mappedu Police Station, Thiruvallur District.

2.The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN, J.

drl CRL OP No. 11502 of 2025 29.04.2025 6 / 6