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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Ganesan ......Petitioner/ A3 Vs.

State Rep by The Inspector of Police, Palladam Police Station, Tiruppur District.

(Crime No. 451 of 2025). ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023, to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No.451 of 2025 pending investigation on the file the respondent police. For Petitioner : Mr.G.R.Deepak For Respondent : M/s.A.Gopinath Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences under 306, 303(2), 3(5) of BNS Act in Crime No.451 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the manager of the M/s.Umapathi Poultry farm and on 17.04.2025 at about 6.00 hrs, when the defacto complainant conducted inspection in one of the farms, he found a TATA Ace vehicle parked outside the farm with A1 and A2 loading chicken feed. Upon being questioned, both confessed that they have stolen 20 trays of eggs worth Rs.50,000/-. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. He would also submit that he has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and hence, he prays to grant anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the case of the prosecution and submitted the petitioner along with other accused have stolen 20 trays of eggs worth Rs.50,000/- hence, he opposed for grant of anticipatory bail to the petitioner.

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

6. Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) as non-refundable deposit, to the credit of the The Dean, Stanley Government Medical College and Hospital, Chennai, bearing A/c. No.39219285071, State Bank of India, Old Jail Road, Stanley Hospital, IFSC:SBIN0001476 without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.

7. Taking note of the facts and circumstances of the case, nature of allegations against the petitioner, submissions made by the learned counsels on either side, this Court is inclined to grant 3/6

anticipatory bail to the petitioner with certain conditions.

8. Accordingly, the petitioner is ordered to be released on anticipatory 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 Magistrate, Palladam 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 learned Magistrate concerned 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;

[b] the petitioner shall appear before the respondent police daily at 10.30 a.m for a period of three weeks and thereafter, as and when required for interrogation;

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners shall not abscond either during investigation or trial.

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[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 B.N.S.2023. 21.05.2025 nr 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.

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N.SENTHILKUMAR ,J.

nr To 1.The Magistrate, Palladam

2. The Inspector of Police, Palladam Police Station, Tiruppur District.

3. The Public Prosecutor, High Court of Madras.

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