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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Yadhavaraj ... Petitioner Vs.

The State represented by, The Inspector of Police, M-4, Redhills Police Station, Tiruvallur District.

Crime No.443 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in connection with Crime No.443 of 2025 on the file of respondent Police. For Petitioner :

Mr.Logesh A For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 331 (4), 305 of BNS Act, in Crime No.443 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1/7

2.The case of the prosecution is that the defacto-complainant is running a company in the name of Beema Infratech Private Limited. On 20.06.2025, it was found that aluminium clamps of 4000 numbers and aluminium frames 40 numbers were missing. Hence the case.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and has been falsely implicated in this case. He further submitted that without prejudice to his defence, the petitioner is ready and willing to deposit a sum of Rs.50,000/- to the credit of Crime No.443 of 2025.

4.The learned Government Advocate (Criminal side) reiterated the prosecution and opposed to grant anticipatory bail to the petitioner.

5. Considering the submissions made by the learned counsel appearing on either sides and taking note of the nature of the allegations and since, custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 2/7

6. Accordingly, the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Crime No.443 of 2025 and the trial Court shall deposit the same in an interest bearing account and on such deposit, the petitioner is ordered to be released on bail on their executing 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 learned Judicial Magistrate No.II, Ponneri, and on further conditions that:

[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [c] the petitioner shall report before the respondent Police everyday at 10.30 a.m. for a period of three weeks and thereafter as and when required for interrogation; [d] the petitioner shall not abscond either during investigation or trial and he shall make himself available for interrogation by a Police Officer as and when required; 3/7

[e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;;

[f] 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; [g] The petitioner shall not interfere with the property of the defacto complainant and to that effect an undertaking shall also be filed by the petitioner;

[h] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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To 1.The Judicial Magistrate No.II, Ponneri.

2.The Inspector of Police, M-4, Redhills Police Station, Tiruvallur District.

3.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

ep 6/7

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