Santhosh v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-10-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.27769 of 2025 Santhosh ... Petitioner/ Accused Vs The State Rep. By, The Inspector of Police, M-2 MM Colony Police Station, Chennai.
(Crime No.252 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent in Crime No.252 of 2025 on the file of the respondent police.
For Petitioner : Mr. Rujith For Respondent : Mr. S. Udayakumar Government Advocate (Crl.Side) ****** 1/6
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS in Crime No.252 of 2025 on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant was running a vehicle spare parts godown shop named Vijayalakshmi Traders at Manjambakkam, Kamarajar Salai; that on 03.09.2025, the defacto complainant closed his godown at 07:00 PM and on the next day, he found that his godown was broke lock and some spare parts were went missing, hence he lodged a complaint before the respondent police; that upon investigation, it is revealed that the petitioner and other accused were involved in the said offence. Hence, this case.
3. The learned counsel appearing for the petitioner submitted that the petitioner was falsely implicated in this case, he has not involved in the above said offence. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court, hence sought for anticipatory bail to the petitioner.
2/6
4.
The learned Government Advocate (Crl. Side) appearing for the respondent police while opposing the anticipatory bail to the petitioner reiterated the prosecution case and submitted that there are totally six accused involved in this case and the petitioner is arrayed as A6; that the stolen spare parts were recovered; that the petitioner has no previous antecedents; and that the investigation of this case is pending.
5. Considering the facts and circumstances of this case, the petitioner has no previous antecedents and the stolen spare parts were recovered, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Madhavaram on condition that the petitioner shall execute 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 Magistrate concerned and on further condition that:
3/6
[a] if the petitioner fails to surrender before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, 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 the identity proofs to ensure their identity; [c] the petitioner shall report before the respondent police daily 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 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];
[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
4/6
13.10.2025 stn To
1. The Judicial Magistrate, Madhavaram.
2. The Inspector of Police, M-2 MM Colony Police Station, Chennai.
(Crime No.252 of 2025)
3. The Public Prosecutor, High Court of Madras.
K. RAJASEKAR, J.
stn 5/6
Crl.O.P. No.27769 of 2025 13.10.2025 6/6