A.Arunachalam v. State Represented By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR A.Arunachalam ... Petitioner Vs.

State represented by its The Inspector of Police, Veeranam Police Station, Salem City.

(Crime No.448 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.448 of 2025 on the file of the respondent Police. For Petitioner :

Mr.S.Arivazhagan For Respondent :

Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 28.07.2025, for the offence punishable under Section 309(4) of BNS Act 2023. Thereafter, the respondent police altered the alleged offences 1/6

punishable under Sections 309(4), 310(2) and 310(5) of BNS Act 2023, in Crime No.448 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that on 27.07.2025, the de facto complainant slept inside the house while leaving door unlocked, and the petitioner, along with other accused, entered the house and stole 8 1⁄4 sovereigns of gold ornaments and cash of Rs.35,000/-. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police opposed the grant of bail, reiterating the prosecution case. He further submitted that totally six accused are involved in this case, and from A3, only 2 1⁄2 sovereigns of gold ornaments and cash of Rs.28,000/- were recovered.

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5. Heard both sides and perused the materials available on record.

6. Considering the nature of the allegations, and the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions:

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Salem, and on further conditions 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 for a period of two weeks, and thereafter as and when required for interrogation; [c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; 3/6

[d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] 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 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24.09.2025 cda 4/6

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 Judicial Magistrate No.IV, Salem.

2.The Inspector of Police, Veeranam Police Station, Salem City.

3.The Central Prison, Salem.

4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

cda 24.09.2025 6/6