Prithiviraj (A-I) v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2025

CORAM

THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR Prithiviraj ... Petitioner/Accused-1 Vs.

The State rep by:

The Inspector of Police Melpatti Police Station Vellore District.

(Crime No.62 of 2025).

... Respondent Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on anticipatory bail in the event of his arrest in connection with the Crime No.62 of 2025 on the file of the respondent police. 1/8

For petitioner : Mr.D.Anandan For Respondent : Mr.R.Vinothraja Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS, 2023, in Crime No.62 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 17.05.2025, the petitioner and two other accused jointly went to the defacto complainant's house in the night time and robbed one of the Goats and however, the property was seized by the respondent police. Hence, the case.

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3.The contention of the learned counsel for petitioner is that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, prayed for anticipatory bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner and two other accused jointly went to the defacto complainant's house in the night time and robbed one of the Goats and the property was seized. Threfore, he strongly opposed to grant anticipatory bail to the petitioner.

5. At this juncture, the learned counsel for the petitioner voluntarily submitted that the petitioner, in order to show his bonafide, is ready and 3/8

willing to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of the Crime No.62 of 2025 without prejudice to his rights in the above case.

6. Considering the nature of allegations and the submission of the learned counsel for the petitioner that the petitioner is willing to deposit an amount of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of Crime No.62 of 2025, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is directed to deposit a sum of Rs.20,000/- [Rupees Twenty thousand only] to the credit of Crime No.62 of 2025 before the trial Court, on such deposit and production of proof, the petitioner is ordered to be released on anticipatory bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two 4/8

sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Gudiyatham, Vellore District, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that: [a] 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 Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

[b] the petitioner shall report before the respondent Police daily at 10.30 a.m until further orders; [c] the petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioner shall make himself available for interrogation by a Police office as and when required; 5/8

[e] 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; [f] the petitioner shall not abscond either during investigation or trial;

[g] 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];

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

13.06.2025 dna 6/8

To:

1.The Judicial Magistrate, Gudiyatham, Vellore District. 2.The Inspector of Police Melpatti Police Station Vellore District.

(Crime No.62 of 2025).

3.The Public Prosecutor, High Court Madras.

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M.NIRMAL KUMAR, J.

dna 13.06.2025 8/8