A A Abdul Kader v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2026

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN A.A.Abdul Kader ... Petitioner Vs.

The State represented by, The Inspector of Police, E1, Singanallur Police Station, Coimbatore.

(Crime No.701 of 2025) ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of his arrest in Crime No.701 of 2025 pending investigation on the file of the respondent police.

For Petitioner : Mr.I Abdul Basith For Respondent : Mr.P.Dhileepan Government Advocate (Criminal Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent Police for the offence punishable under Section 305(a) of BNS in Crime No.701 of 2025 on the file of the respondent police, seeks anticipatory bail.

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2.

The case of the prosecution is that the accused had committed theft of 35 sovereigns of gold from the house of the de facto complainant. Hence the case.

3.

Learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of anticipatory bail to the petitioner. 4.

Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for the grant of anticipatory bail to the petitioner. He further submitted that 18 out of 35 sovereigns of gold were recovered from the accused and that the petitioner herein is the receiver of the stolen jewels. 5.

Heard both sides and perused the materials available on record. 6.

Considering the above facts and circumstances of the case and the nature of the allegation and further taking note of the fact that the custody of the petitioner is not required for the purpose of investigation, 2 / 5

this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.

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.3, Coimbatore, on condition that 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 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., for a period of two weeks and thereafter, as and when required for interrogation;

[c] the petitioner shall not abscond during during investigation or trial;

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[d] the petitioner shall not tamper with evidence or witness 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 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

30.04.2026 ham To

1. The Judicial Magistrate No.3, Coimbatore.

2. The Inspector of Police, E1, Singanallur Police Station, Coimbatore.

3. The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN, J.

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