Madipalli Jayanthi v. The State Rep. By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-10-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP Nos. 27721 and 27722 of 2025
1. Madipalli Jayanthi W/o.M.Sankar and another 2.Madipalli Vijay @ Chinna Vishal S/o M.Sankar Petitioners 1 and 2 are residing at No. 1-9/30-34, Street No.20, Near Flanuman Temple, Rarnnagar, Opp to StsI Bank, Musherbad, Hyderabad 500020. State of Telangana.
Petitioner(s) in Crl.O.P.No.27721 of 2025
1. Sumithra W/o Vijayakumar, No. 116/1, Nehru Road, Edaiyampatti,Jolarpettai, Tirupattur District. and 4 Others
2. Priya W/o. (Late) Ramesh, Old No.160/New No.13/1, 2nd Floor, Sri Ayappan Nagar, 6thMain Road, Virugambakkam, Chennai-92.
3. L.Punitha W/o. Lakshmipathy, Type-I, 13/5, HVF Estate, Avadi, Tiruvallur District
4. Lakshmipathy S/o.Kuppan, No.18, Munisamy Garden Street, MettuChakkarakuppam, Reddiyur Post, Jolarpet, Thirupattur District.
5. L.Ganapathy S/o. Lakshmipathy, No.290 B, Thalampoo Street, Poompozhil Nagar, Vellanur, Tiruvallur District Petitioner(s) in Crl.O.P.No.27722 of 2025 Vs
1. The State Rep. by, Inspector of Police, Jolarpet Police Station, Thirupattur District, (Crime No 232 of 2025) Respondent(s) in both Crl.O.Ps.
COMMON PRAYER To enlarge the petitioners on bail in the event of their arrest in Crime No. 232 of 2025 on the file of the respondent police and thus render justice. For Petitioner(s):
K Sathish Kumar M.Sathish Kumar S.Raja Ravi Varma D.Ajith Kumar B.Karthik
For Respondent(s):
Mr.A.Gopinath Government Advocate (Crl.Side) COMMON ORDER The petitioners apprehend arrest for the alleged offence under Sections 448, 461, 454 and 380 of IPC in Crime No.232 of 2025, on the file of the respondent police seek anticipatory bail.
2. The allegation against these petitioners is that they are relative of the defacto complainant and they entered into the house of the defacto complainant and taken away 5 1⁄2 kg of gold jewels, 8 kilos of gold coin, 24 diamond stones, 10 kilos of silver articles, cash and other documents. Hence, the case.
3. The learned counsel for the petitioners submitted that the petitioners are innocent person and they have been falsely implicated in this case. He submits that there is a property dispute between the petitioners and the defacto complainant which is now been given a criminal colour. He also submits that already a partition suit is pending between the petitioners and the defacto complainant. He further submits that they have not stolen any property since it
is only a property belongs to the family which is shared amicably among themselves and it should not be termed as theft case. He also submits that the co-accused already granted bail by this Court in Crl.O.P.No.26551 of 2025 dated 25.09.2025. Hence, he prayed to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that the coaccused already granted bail by this Court in Crl.O.P.No.26551 of 2025 dated 25.09.2025. However, he opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and the fact that already a civil suit is pending between the parties and the co-accused already granted bail by this Court in Crl.O.P.No.26551 of 2025 dated 25.09.2025, I am 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 Judicial
Magistrate-I, Thirupattur, Thirupattur District, on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty 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) (i) The petitioner No.1 Crl.O.P.No.27721/2025 and petitioners No.1 to 3 in Crl.O.P.No.27722 of 2025 shall report before the respondent police daily at 10.30 am., for a period of one week and thereafter as and when required for interrogation;
(ii) The other petitioners in both Crl.O.Ps. Shall report before the respondent police daily at 10.30 am., 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.
10-10-2025 Mpa Index:Yes/No Speaking/Non-speaking order To 1.The Judicial Magistrate-I, Thirupattur, Thirupattur District. 2.The State Rep. by, Inspector of Police, Jolarpet Police Station, Thirupattur District, (Crime No 232 of 2025) 3.The Public Prosecutor High Court of Madras.
K.RAJASEKAR J.
mpa CRL OP Nos. 27721 and 27722 of 2025 10-10-2025