Ezhilarasan v. State By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.08.2025
CORAM
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN 1.Ezhilarasan 2.Manikandan ... Petitioners Vs.
State by, The Sub Inspector of Police, Orathur Police Station, Orathur, Cuddalore District.
(Crime No.44 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioners on anticipatory bail in the event of their arrest by the respondent police pending investigation in Crime No.44 of 2025, on the file of the Inspector of Police, Orathur Police Station, Cuddalore District. For Petitioners :
Mr.B.Ramprabu For Respondent :
Mr.S.Udayakumar Government Advocate (Crl.Side) **********
O R D E R
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS,2023 in Crime No.44 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1/5
2.The First Information Report indicates that these petitioners are involved in the theft of goat belonging to the de-facto complainant. Though the alleged occurrence took place on 29.12.2024, the complaint was lodged only on 20.04.2025, nearly four months thereafter. Hence, the learned counsel appearing for the petitioners contends that this is a false case lodged with a motive to implicate them.
3. The learned counsel appearing for the petitioners further submits that the petitioners have not committed any offence as alleged by the prosecution. He also states that the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) reiterated the prosecution case and opposed for grant of bail to the petitioners. He further submitted that these petitioners are involved in a similar offence registered in Crime No.90 of 2025, and their photographs were widely published in news channels. On coming to know of the same, the present complaint was lodged, which explains the delay in filing the complaint.
5. Heard the learned counsels and perused the materials available on record. 2/5
6. Taking note of the fact that the value of the goats allegedly selling by the petitioners herein is reported to be Rs.3,000/- Hence, 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.2,000/- [Rupees Two Thousand Only] each to the credit of Crime No.44 of 2025 before the trial Court within a period of 10 days from the date of receipt of copy of this order, on such deposit and production of proof, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.2, Chidambaram 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 learned Magistrate concerned and on further condition that:
[a] 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; [b] the petitioner shall report before the respondent police daily at 10.30a.m., until further orders; [c] 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 3/5
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]; [d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
25.08.2025 nvi To 1.The Judicial Magistrate-2, Chidambaram.
2.The Sub Inspector of Police, Orathur Police Station, Orathur, Cuddalore District 3.The Public Prosecutor, High Court of Madras.
Dr.G.JAYACHANDRAN, J.
nvi 4/5
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