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Madras High CourtCRL OP/27713/2025granted

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

2025-10-17Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR 1.Antonyraj 2.T.Subramaniyan ... Petitioners Vs.

The State represented by The Inspector of Police, Ariyalur Police Station, Ariyalur District.

(Crime No.4 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners/Accused on bail in Crime No.4 of 2025 on the file of the respondent police. For petitioners :

Mr.M.Kavikannan For Respondent :

Mr.S.Udayakumar, Government Advocate (Crl.Side)

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 314, 316(5), 322 of BNSS, 2023, in Crime No.4 of 2025, on the file of the respondent Police, seeks anticipatory bail.

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2. The allegation against the petitioners is that, while serving as Joint Directors, they, along with the other accused, failed to properly account for the missing agricultural goods stored in the godown. Upon enquiry, the Department found that the value of the missing goods amounts to Rs.13,11,169/-.

3. The learned counsel appearing for the petitioners submitted that, without prejudice to their rights, the petitioners are willing to deposit a sum of Rs.2,00,000/-. He further submitted that the petitioners had already lodged a complaint against A1 with respect to the alleged misappropriation and have now been falsely implicated in the present case. Hence, he prayed that bail may be granted to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police opposed the grant of bail, reiterating the prosecution case, and submitted that there are totally five accused persons involved in this case. It is further submitted that the petitioners, along with the other accused, have misappropriated a sum of Rs.13,11,169/-.

5. Heard both sides and perused the materials available on record. 2/6

6. Considering the nature of the allegations that the petitioners, along with the other accused, have misappropriated public funds to the extent mentioned above, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions:

7. Accordingly, the petitioners shall deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) without prejudice to their rights to the credit of Crime No.4 of 2025, and on such deposit, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Ariyalur, on condition that the petitioners 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 Magistrate concerned, and on further condition that: [a] if the petitioners fails to surrender before the concerned Magistrate within a period of ten 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 3/6

[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;

[c] the petitioners shall report before the respondent police daily at 06.30 p.m., for a period of two weeks, and thereafter, as and when required for interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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 vs. State of Kerala [(2005)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 17.10.2025 cda 4/6

To 1.The Judicial Magistrate No.I, Ariyalur.

2.The Inspector of Police, Ariyalur Police Station, Ariyalur District.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

cda 17.10.2025 6/6