M.Maheswaran v. The 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. M.Maheswaran S/o.Moorthy, 14/39, Nathakadu,Vennandur Po,Namakkal District 637505. and another

2. V Ranjith S/o K. Vivekanandhan, 4/155, VOC Street,Papparapatti, Attayampatti,Salem District Petitioner(s) Vs

1. The State Rep by the Inspector of Police Attayampatti Police Station, Salem District.

Respondent(s) PRAYER To grant an Anticipatory Bail to the petitioners in the event of their arrest or on their appearance before any court concerned in Crime No. 203 of 2025, on the file of Inspector of Police, Attayampatti Police Station, Salem District.

For Petitioner(s):

P.Dinesh Kumar R.Mahamandra Rajalakshmi M.Abbiraami Ra.Thejashvini R.Sathishkumar For Respondent(s):

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

ORDER

The petitioners apprehend arrest for the alleged offence under Section 316(2) of BNS in Crime No.203 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, who were former employees of the defacto complainant's gold jewellery shop, took away 560 grams of gold by fabricating accounts. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are former employees and were not working at the time the FIR was lodged. However, they abducted A1 and attacked him severely, and in this regard, a

separate complaint has been registered in Crime No.202 of 2025 against the defacto complainant at the very same police station. He further submitted that already A1 was arrested and released on bail. Hence, he prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reported that A1 was arrested and only 12 grams were recovered, with the remaining gold yet to be recovered. A2 and A4 also former employees; since they are absconding and the investigation is also pending, he opposed to grant anticipatory bail to the petitioners.

5. Considering that A1 was already arrested and released on bail, and the allegation is that they were working 2023-2025 and the jewels were taken away, 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 arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Principal District and Sessions Court, Salem District, on condition that the petitioners shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition: (a) If the petitioners 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 petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of three 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 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];

(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 Principal District and Sessions Court, Salem District. 2.The State Rep by the Inspector of Police Attayampatti Police Station, Salem District.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 26514 of 25-09-2025