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Madras High CourtCRL OP/28990/2025granted

Sridhar v. State Rep By The Inspector Of Police

2025-10-25Honourable Mr.Justice K.Rajasekar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Sridhar Petitioner(s) Vs State rep by the Inspector of police Jolarpet Police Station, Tirupattur District (Cr. No. 232 of 2025) Respondent(s) PRAYER This petition has filed under Section 482 of BNSS, 2023, seeking to grant Anticipatory bail to the Petitioner in the event of their arrest in Crime No.232 of 2025 on the file of the respondent. For Petitioner:

Mr.R.Krishnamurthy For Respondent(s):

Mr.S.Udayakumar Government Advocate Crl.side

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable 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 the petitioner is that he is the relative of the defacto complainant and he entered into the house of the defacto complainant and taken away 51/2 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 petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. He submits that there is a property dispute between the petitioner and the defacto complainant which is now been given a criminal colour. He also submits that already a partition suit is pending between the petitioner and the defacto complainant.

He further submits that he has 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 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, reiterated the prosecution case and submitted that the alleged offence was taken place in the month of January 2024 but the FIR registered only on 28.07.2025 and the investigation in this case is going on. Hence, he opposed for grant of anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case, nature of allegations, submissions made by learned counsels on either side and also considering the fact that already a civil suit is pending between the parties and the fact that the alleged offence was taken place on 13.01.2024 but the FIR was registered only on 28.07.2025, already this Court has granted bail to A3 and A8 in Crl OP No.26551/2025 by order dated 25.09.

2025, 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 No.1, Tirupattur, Tirupattur District, on condition that the petitioner shall execute a bond for a sum of Rs.

[a] if the petitioner 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 [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 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 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.

25-10-2025 gbi

To 1.State rep by the Inspector of police Jolarpet Police Station, Tirupattur District (Cr. No. 232 of 2025) 2.The Judicial Magistrate No.1, Tirupattur, Tirupattur District.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 28990 of 25-10-2025