← Library
Madras High CourtCRL OP/22348/2025granted

Akash v. The State Represented By, The Inspector Of Police,

2025-08-18Honourable Dr Justice G. Jayachandran6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2025

CORAM

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN 1.Akash,M/24, S/o Murugan, No.14, Mettu Street, Periyacolony, Thruninnavur, Thiruvallur.

2.Aravind, M/19, S/o Muthu No.57, Bajanai Koil Street, Kottamebu, Thiruvallur.

.. Petitioners/Accused /versus/ State represented by The Inspector of Police Vellavedu Police Station Thiruvallur District (Crime No.198 of 2025) .. Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023,to enlarge the petitioner on bail in the event of his arrest concerned in Crime No.198 of 2025 on the file of the Inspector of Police, Vellavedu Police Station, Thiruvallur District, on such terms and condition.

1/6

For Petitioners :Mr.M.Vetrivel For Respondent :Mr.L.Baskaran Government Advocate (Crl.side)

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police, for the alleged offence punishable under Section 303(2) of BNS Act (Cattle Theft) in Crime No.198 of 2025 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners along with other accused are alleged to have committed theft of two cows and a van bearing Reg.No.TN 23 DZ 4227(Tata ace).

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl.Side) states that the petitioners along with other accused have committed theft of two cows 2/6

and a van and that the van has been recovered. He further submitted that the investigation is pending.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, on or before 28.08.2025 before the learned Judicial Magistrate, Poonamallee, on condition that each of the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a likesum 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:

(a)Each of the petitioners shall deposit a sum of Rs.25,000/- (Rupees twenty five thousand only) to the credit of Crime No.198 of 3/6

2025 on the file of the Judicial Magistrate, Poonamallee, on or before 28.08.2025;

(b)If the petitioners fail to surrender before the concerned Magistrate on or before 28.08.2025, this order shall stand automatically cancelled;

(c)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 identify proofs to ensure their identity;

(d)The petitioners shall report before the respondent police daily at 10.30a.m., until further orders;

(e)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(f)If the accused thereafter absconds, a fresh FIR can be registered 4/6

under Section 269 of BNS.

18.08.2025 ari To 1.The Judicial Magistrate, Poonamallee.

2.The Inspector of Police, Vellavedu Police Station, Thiruvallur District. 3.The Public Prosecutor, High Court, Madras.

DR.G.JAYACHANDRAN,J.

ari 5/6

18.08.2025 6/6