Gandhi Nagendiran v. The State Rep By The Sub Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-04-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN
1. Gandhi Nagendiran S/o.Nagendiran, No.62/1, Perumal Kovil Street, Iupur Post, Polivakkam, Thiruvallur 602 002.
Petitioner(s) Vs
1. The State Rep by The Sub Inspector of Police Manavalan Nagar Police Station, Thiruvallur. (Cr.No.65 of 2025) Respondent(s) PRAYER To enlarge the petitioner on bail in the event of his arrest in Cr.No. 65/2025 pending on the file of respondent police and pass such other suitable orders and thus render justice.
For Petitioner(s):
Mr.R.M.Gokulakrishnan For Respondent(s):
Public Prosecutor
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 305 of BNS in Crime No.65 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with others had stolen 13 batteries from the de-facto complainant's company. Hence, the case. 3.
Learned counsel for the petitioner would submit that the petitioner is innocent person who has been falsely implicated in this case. He further submitted that the co-accused was arrested and seven batteries were recovered from him and in any case, the custodial interrogation of the petitioner is not required and therefore, he prays for the grant of anticipatory bail to the petitioner.
4. Heard the learned Government Advocate (Crl. Side) appearing for the respondent police, reiterated the prosecution case and on instructions submitted
that co-accused was arrested and seven batteries were recovered from him and remaining six batteries valued at Rs.40,000/- is yet to be recovered. 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.20,000/- (Rupees Twenty Thousand only) to the credit of Crime No.65 of 2025 without prejudice to his defence.
6. The co-accused were arrested and substantial portion of the stolen articles was recovered from them. The petitioner is now willing to deposit Rs.20,000/- to the credit of Crime No.65 of 2025. Considering the aforesaid facts and nature of allegations, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7.
Accordingly, the petitioner shall make a non refundable deposit of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of Crime No.65 of 2025 and on such deposit and on receipt of proof of payment, 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 separate bond for a sum of Rs.10,000/- (Rupees Ten Thousands 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 conditions that, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. [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. [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 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 absconds, a fresh FIR can be registered under Section 269 of B.N.S.
28-04-2025 Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The State Rep by The Sub Inspector of Police Manavalan Nagar Police Station, Thiruvallur. (Cr.No.65 of 2025).
2. The Judicial Magistrate Court-II, Thiruvallur.
3. The Public Prosecutor, Madras High Court.
SUNDER MOHAN J.
jai CRL OP No. 11977 of 28-04-2025