Karuppaiya v. The State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Karuppaiya Petitioner(s) Vs The State by Inspector of Police Sooramangalam Police Station, Salem City District. Crime No. 314 of 2025.

Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the Petitioner on bail in the event of his arrest by the respondent police in Crime No.314 of 2025 pending investigation on the file of Inspector of Police, Sooramangalam Police Station, Salem City District. For Petitioner(s):

Mr.Saravanan A K.Thirunavukkarasu R.Madhubala For Respondent(s):

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

ORDER

The Petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420 of IPC in Crime No.314 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.The allegation against the petitioner is that the petitioner joined hands with the other accused misappropriated a huge quantity of 18 kgs of Silver from the employees of the defacto complainant. Hence, the case. 3.The learned counsel for the petitioner submitted that the petitioner is not working under the defaco complainant. He received the silver from some other persons, who have not misappropriated the same and further submitted that he is a professional dealer of the silver articles and who ever comes to sell the silver he used to purchase, there is no criminality involved against him. He further submitted that he has been falsely implicated in this case and the petitioner is ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for his release. Hence, he prays

for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Criminal side) for the respondent police reported that the petitioner joined hands with the other accused misappropriated a huge quantity of 18 kgs of Silver from the employees of the defacto complainant. He further submitted that the co-accused already released on bail by this Court in Crl OP No.25107 of 2025 and the investigation is in preliminary stage. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

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

6. Considering the nature of allegations; the fact that the co-accused was granted bail by this Court; the investigation is under progress; and since custodial interrogation is not required for the purpose of investigation, 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.2, Salem and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner 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; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 B.N.S.

10-10-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State by Inspector of Police Sooramangalam Police Station, Salem City District. Crime No. 314 of 2025.

2.The Judicial Magistrate No.2, Salem.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 27296 of 10-10-2025