Ramesh v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Ramesh

2. Mohammed Riza Sheriff

3. Pushba Petitioner(s) Vs State Rep. by The Sub Inspector of Police, M-3, Puzhal Police Station, Chennai - 600 066. Crime No.215/2025 Respondent(s) PRAYER This Criminal Original Petition is filed under Section 482 of BNSS, 2023 to enlarge the petitioners on bail in the event of their arrest in Crime No.215/2025 on the file of the respondent/police. For Petitioner(s):

Mr.A.Velmurugan For Respondent(s):

Mr.S.Udayakumar, GA (Crl.Side)

ORDER

The petitioner, who apprehend arrest by the respondent police for the offences punishable under Sections 191(2), 329(4), 126(2), 308(6), 305 and 351(2) of BNS,2023 in Crime No.215 of 2025, seek anticipatory bail. 2.The case of the prosecution is that the petitioners along with other accused trespassed into the defacto complainant's property and illegally occupied the premises. They also stole the machinery and building materials worth Rs.25 lakhs and threatened the defacto complainant with dire consequences. Hence, the case.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. It is further submitted that the petitioners also undertakes to furnish solvent sureties and also to abide by any stringent condition that may be imposed by this Court. The learned counsel for the petitioners prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution and submitted that the investigation in this case is at crucial stage and at this stage, if anticipatory bail is granted to the petitioners, there are every possibilities for tampering the witnesses and hampering the investigation, thereby, he strongly opposed to grant anticipatory bail to the petitioners.

5. Heard the learned counsel appearing for the petitioners as well as the learned Government Advocate (Crl.side) and perused the materials available on record.

6.

Taking note of the facts and circumstances of the case, the nature of allegations, and since, custodial interrogation of the petitioners are not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the

event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate, Madhavaram on condition that the petitioners shall execute a separate 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 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 first and the second petitioners shall report before the respondent police on every Saturday at 10.30 a.m. for a period of eight weeks.

(c )The third petitioner shall report before the respondent police as and when required for interrogation. (d) the petitioners shall not tamper with evidence or witness

either during investigation or trial;

(e) the petitioners shall not abscond either during investigation or trial;

(f) 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]; and;

(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

10-09-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

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 the official website of this Court will be watermarked and will also have a QR code.

To 1.The Sub Inspector of Police, M-3, Puzhal Police Station, Chennai - 600 066.

2. The Judicial Magistrate, Madhavaram.

3. Public Prosecutor, High Court of Madras.

T.V.THAMILSELVI ,J.

gbi CRL OP No. 21123 of 10-09-2025