Sundarrajan v. State Rep By Its The Inpsector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.05.2025
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI CRL.O.P.No.14809 of 2025 Sundarrajan ... Petitioner
Versus
The State Rep by its The Inspector of Police, Ramanatham Police Station, Cuddalore District.
(Crime No. 79 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of their arrest in Crime No.79 of 2025 on the file of the respondent Police. For Petitioners :
Mr.R.Radha pandian For Respondent :
Dr.C.E.Pratap Government Advocate (Crl. Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 296(b), 178, 179, 180, 181, 182(2) and 205 of BNS r/w Section 25(1A) of Arms Act, 1959 in Crime No.79 of 2025, seek 1/6
anticipatory bail.
2.
The case of the prosecution is that the co-accused were in illegal possession of Air Gun-1, Pistal-1, Walky Talky(5 sets), Laptop-1, Xerox Machine2, forged RBI Seal and fake currency notes of Rs.85,000/- and were involved in printing the fake currency notes; that based on the confession of co-accused, the petitioner was arrayed as an accused. Hence, the complaint. 3.
The learned counsel appearing for the petitioner submitted that the allegations are false. He further submits that the petitioner is sought to be implicated on the confession of co-accused and that in any case, custodial interrogation is not required. Hence, he prayed for anticipatory bail to the petitioner.
4.
The learned Government Advocate (Crl. 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 the petitioner has been implicated only on the confession of the co-accused; that no fake currency 2/6
notes was recovered from the petitioner.
5.
Considering the aforesaid facts, no fake currency notes was recovered from the petitioner, the petitioner was sought to be implicated only on the confession of the co-accused and since, custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.
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 is made ready, before the learned Judicial Magistrate, Thittakudi, 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 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. 3/6
[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of 30 days and thereafter as and when required for interrogation.
[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 BNS.
09.05.2025 dpa/skr Note:
1. Registry is directed to forthwith upload this order in the official website of this Court.
2. All concerned to act on this order being uploaded in official website of this court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this court will be watermarked and will also have a QR code. 4/6
To 1.The Inspector of Police, Ramanatham Police Station, Cuddalore District.
2.The learned Judicial Magistrate, Thitakkudi. 3.The Public Prosecutor, High Court, Madras.
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L.VICTORIA GOWRI, J.
dpa/skr 09.05.2025 6/6