Arjunrajkumar v. State Rep. By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR ARJUNRAJKUMAR S/o.Kumaravel, No.02, 116, Anjaneyar Kovil Street, Chitheri, Thorapadi, Vellore District, TamilNadu.

Petitioner/Accused-1 Vs State Rep. by Inspector of Police, Vellore Taluk Police Station, Vellore District. (Crime No.67/2025) Respondent PRAYER To enlarge the petitioner on bail pending investigation in Crime No.67/2025 on the file of the respondent police For Petitioner:

Mr.G.Nirmal Krishnan For Respondent:

Mr.Leonard Arul Joseph Selvam, Government Advocate (Crl.side)

ORDER

Petition seeking bail in respect of Crime No.67 of 2025 registered for the alleged offences punishable under Sections 331(3), 303 of BNS, (corresponds to Sections 454, 378 of IPC), is on board for consideration.

2. The case of the prosecution as per the de-facto complainant, Hariprasath is that the petitioner along with other accused had broke the door of the defacto complainant's house and committed theft of 38 grams of gold jewels and a sum of Rs.5,000/-, is worth about Rs.1,92,500/-. Based on his complaint, a case in Crime No.67 of 2025 came to be registered for the offence under Sections 331(3), 303 of BNS, (corresponds to Sections 454, 378 of IPC). Hence the case.

3. The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is no way connected with the alleged offence. He further submitted that the petitioner is in custody from 28.03.2025 and is ready

to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there are totally three accused involved in this case and the petitioner is arrayed as A1. He submitted that the petitioner along with other accused had broke the door of the defacto complainant's house and committed theft of 38 grams of gold jewels and a sum of Rs.5,000/-, totally worth about Rs.1,92,500/-; and that CCTV footages also confirms the same and the stolen jewelery and a sum of Rs.5,000/- were also recovered. He further submitted that the petitioner had three previous cases against him. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case, the nature of allegation against the petitioner, the submissions made by the learned counsels on either side, the stolen jewels and cash of Rs.5,000/- has been recovered and the period of incarceration undergone by the petitioner, this Court

is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail with the following conditions:

(1) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Vellore.

(2) The petitioner shall report before the respondent police everyday at 10:30 a.m., until further orders;

(3) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Metropolitan Magistrate shall obtain a copy of any one of identity proofs to ensure their identity;

(4) The petitioner shall make himself available for interrogation by a Police Officer as and when required;

(5) The petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses;

(6) The petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

(7) On breach of any of the aforementioned conditions, the learned Metropolitan Magistrate is entitled to pass appropriate orders against the

petitioner in accordance with law as if the aforementioned conditions are imposed by themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005)13 SCC 283].

(8) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

gbi/jai 14-05-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

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.

To 1.State Rep. by Inspector of Police, Vellore Taluk Police Station, Vellore District.

(Crime No.67/2025) 2.The Judicial Magistrate, No.I, Vellore.

3. The Superintendent, Central Jail, Vellore.

4. The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR J.

gbi/jai CRL OP No. 14982 of 14-05-2025