Senthilnathan v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-06-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Senthilnathan Petitioner(s) Vs The Inspector of Police, Melpatti Police Station, Vellore District (Crime.No.70/2025) Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest a case in crime No. 70 of 2025 on the file of the Respondent . For Petitioner(s):
Mr.Deepak Kumar C For Respondent(s):
M/s. R. Vinoth Raja Ga (crl.
Side)
ORDER
The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 331(4) & 305 of BNS (457 & 380 of
IPC) in Crime No.70 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that, the petitioner trespassed into the fancy shop of the de facto complainant and robbed a sum of Rs.6,000/- and also two numbers of FOGG perfume. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is a law abiding citizen and ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioner, submitted that the petitioner trespassed into the fancy shop of the de facto complainant and robbed a sum of Rs.6,000/- and also two numbers of FOGG perfume. Hence, he
opposed for grant of anticipatory bail to the petitioner.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.
6. Considering the nature of allegation; and that 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.
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 (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Gudiyatham, 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 said Magistrate, 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;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness 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 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 reported in [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S gbi 27-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Inspector of Police, Melpatti Police Station, Vellore District (Crime.No.70/2025) 2.The Judicial Magistrate, Gudiyatham.
3. The Public Prosecutor, Madras High Court, Chennai.
M.NIRMAL KUMAR J.
gbi CRL OP No. 17892 of 27-06-2025