S. Murugan v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN S.Murugan ... Petitioner Vs.
The State represented by, The Inspector of Police, Thirumangalam Police Station, Greater Chennai City.
(Crime No.639 of 2024) ... Respondent PRAYER : Criminal Original Petition has been filed under Section 482 of BNSS to enlarge the petitioner on bail in the event of arrest in Crime No.639 of 2024 on the file of the respondent Police. For Petitioner : Mr.Vetrivel Bhaskaran For Respondent : Mr.R.Vinothraja Government Advocate (Criminal Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 324(2), 333(1), 329(4), 351(2) of BNS in Crime No.639 of 2024 on the file of the respondent police, seeks anticipatory bail.
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2. The case of the prosecution as per the de facto complainant is that he had entered into a lease agreement for the subject premises with the petitioner, who concealed the fact that he had availed of a credit facility from a bank by pledging the premises and since there was a default in making payments towards EMI, the premises was sealed. During such time, the de facto complainant found that his articles worth about Rs.7000/- were missing. Hence the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent and due to landlord tenant dispute, a false complaint has been lodged against him. Hence, he prayed for 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 grant of anticipatory bail to the petitioner.
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 custodial interrogation of the petitioner is not required in this case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
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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 XIII Metropolitan Magistrate, Egmore, Chennai, 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;
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; Page No.3 of 4
G.K.ILANTHIRAIYAN , J.
ham [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.
23.06.2025 ham To
1. The XIII Metropolitan Magistrate, Egmore, Chennai.
2. The Inspector of Police, Thirumangalam Police Station, Greater Chennai City.
3. The Public Prosecutor, High Court, Madras.
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