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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-09-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Venkatesh S/o.Desingh, No 69, Ondikuppam 4th Street, Thiruvottiyur, Chennai.

Petitioner(s) Vs

1. State Rep. by The Inspector of Police, E-4, Kattur Police Station, Tiruvallur District.

Respondent(s) PRAYER To enlarge the Petitioner on bail in the event of arrest in Crime No.129 of 2025 on the file of The Inspector of Police, E-4, Kattur Police Station, Tiruvallur District and pass any other orders as deem fit and proper in the circumstances of the case and thus render justice.

For Petitioner(s):

Muthukumar Raja R.Lingakumar H.Meeran Mohideen

J.Deva V.Guhan S.Vignesh For Respondent(s):

Mr.S.Udayakumar Government Advocate (Crl.side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 305 of BNS Act later altered into section 334(1), 305 and 61(2) of BNS Act in Crime No.129 of 2025, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant, a warehouse manager, reported that on 30.03.2025, a container arrived at Kattupalli port from London containing silver bars. On 02.04.2025, they found the container's lock was tampered with and 30 bar silver bars worth approximately 9 crores were missing from the container. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. Therefore, he prays to grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reported that there are 19 accused in this case and except this petitioner, all others have been arrested and released on bail, and the properties have also been recovered. He further submitted that there are no previous cases pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering that the property has been recovered and there are no previous cases pending against the petitioner, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial MagistrateI, Ponneri, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Ma gistrate concerned, and on further

condition:

(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, 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 identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions 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 v. State of Kerala [(2005) AIR SCW 5560];

(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

25-09-2025 mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Judicial Magistrate-I, Ponneri.

2.State Rep. by The Inspector of Police, E-4, Kattur Police Station, Tiruvallur District.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 26472 of 25-09-2025