B.Sowri v. State By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI B.Sowri Petitioner(s) Vs State By Inspector Of Police Vellore North Crime Police Station Vellore District (Crime No.91/ 2025) Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner / 2nd Accused on bail in the event of his arrest, in Crime No. 91/2025, on the file of the Respondent Police.
For Petitioner(s):
Mr.A Arun For Respondent(s):
Mr.S.Udayakumar Government Advocate (Crl.side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 309(2) of BNS Act 2023, in Crime No.91 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of prosecution is that the petitioner had stolen 5 sovereigns of gold jewels and a sum of Rs.5,000/- from the defacto complainant. Hence, the complaint.
3. The learned counsel for the petitioner is innocent; that he has been falsely implicated in this case; and that in any case custodial interrogation of the petitioner is not required for the purpose of investigation, hence, he prayed for grant of anticipatory bail.
4.The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and on instructions submitted that the co-accused has been arrested and subsequently enlarged on bail.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and also perused the materials available on record.
6.Considering the nature of dispute; that the injured was discharged from the hospital and the fact that the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions: (a) Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial MagistrateIV, Vellore 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [b] the petitioner shall report before the respondent every Tuesday
and Saturday at 10:30 a.m., for a period of eight weeks and thereafter as and when required for interrogation;
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioner shall not abscond 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 [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
12-09-2025 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.State By Inspector Of Police Vellore North Crime Police Station Vellore District (Crime No.91/ 2025) 2.The Judicial Magistrate No.IV, Vellore.
3.The Public Prosecutor, High Court of Madras.
T.V.THAMILSELVI J.
gbi 12-09-2025