Murugan v. State Rep. By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-11-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Murugan S/o.Nagaiah, No.633, Main Road, Kosavanpalayam, Lakshmipathi Nagar, Thirunindravur, Tiruvallur-602024 and another

2. Santhosh S/o.Ramamoorthi, No.2/1223 Lakshmipathi Nagar, Kottammmedu, Kosavanpalayam Thirunindravur, Tiruvallur-602024.

Petitioner(s) Vs

1. State rep. by, Sub Inspector of Police, B4, Sevvpet Police Station, Chennai - 600054.

Respondent(s) PRAYER To enlarge the Petitioners/Accused 2 and 3 on bail, in the event of their arrest by the Respondent police in the case pending investigation in Crime. No. 174 of

2025 dated 0910712024 on the file of the Respondent police and thus render Justice.

For Petitioner(s):

M.Thilakarasan For Respondent(s):

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

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 303(2) of BNS, 2023 in Crime No. 174 of 2025, seeks anticipatory bail.

2. The allegation against the petitioners is that they joined hands with other accused involved in stealing of cow and they were caught red handed and A1 was arrested. Hence, the complaint.

3. The learned counsel for the petitioners would submit that already A1 arrested and released on bail and the Cow also rescued. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reported that totally three accused in this case. The petitioners are A2 and A3, they are not having any previous case and the property was also recovered. He further submitted that arrested accused already been released on

bail. Hence, opposed to grant anticipatory bail to the petitioners.

5. Considering the above fact and circumstances of the case, and also taking note of the fact that the stolen cow has been recovered and also considering the fact that there is no previous cases pending against the petitioners and that arrested accused released on bail, this Court is 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-II, Thiruvallur, on condition that the petitioner shall execute a separate 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: (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) The petitioners shall report before the respondent police everyday 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 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.

03-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mpa

To 1.The Judicial Magistrate-II, Thiruvallur.

2.State rep. by, Sub Inspector of Police, B4, Sevvpet Police Station, Chennai - 600054.

3.The Public Prosecutor High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 29845 of 03-11-2025