Sakthinaryayanan v. State By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Crl.O.P.No.27937 of 2025

1. Sakthinarayanan

2. Anandhan

3. J.Dhanabal ... Petitioners Vs.

State By: the Inspector of Police, Perundurai Police Station, Erode District.

Crime No.588 of 2024 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of his arrest in Crime No.588 of 2024 on the file of the respondent police.

For Petitioners :

Mr.M.Fazulul Haq For Respondent :

Mr.A.Gopinath, Government Advocate (Crl.side) For Intervenor : Mr.J.Dinesh

O R D E R

The petitioners who were apprehending arrest at the hands of the respondent police for the offences punishable under Sections 308(2) of BNS, 2023, in Crime No.588 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that on the date of occurrence, petitioners along with other accused assaulted the defacto complainant and 1/4

snatched his laptop, mobile phone, power bank, bluetooth headset, charger besides cash Rs.10,00,000/- and also threatened him with knife. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners have been falsely implicated and that they have not stolen any money; and that based on the confession of arrested accused A1, the petitioners were added as accused and Accused No.1 is main accused and he is alleged to steal the property. Hence, he prayed for anticipatory bail to the petitioners.

4. The learned counsel for the Intervenor would submit that the properties have been recovered, however, no amount has been recovered. He would further submit that the first accused was arrested and his bail petition before the trial Court was dismissed.

5. The learned Government Advocate (Crl.Side) would submit that there are totally five accused in this case. The first accused is already been arrested and the snatched property have also been recovered from the first accused, however, no amount has been recovered. Therefore, he opposed grant of anticipatory bail to the petitioners.

6. Heard the learned counsels on either side and perused the materials 2/4

available on record.

7. Considering the facts and circumstances of the case, submissions made by learned counsels on either side, also considering the fact the petitioners have no previous cases, and major allegation of stealing property is against Accused No.1, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

8. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Perundurai, Erode, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 fail 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 [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;

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K.RAJASEKAR, J.

kmm [c] the petitioners shall report before the respondent police daily at 10.30.a.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.

14.10.2025 kmm To

1. The Judicial Magistrate, Perundurai, Erode. 2.The Inspector of Police, Perundurai Police Station, Erode District.

3.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.27937 of 2025 4/4