Abishak v. State By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-11-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Abishak S/o.Karthi, No.144, Mariyamman Koil Street, Dokkavadi, Thukkapettai, Tiruvannamalai District - 606 709.

Petitioner(s) Vs

1. State By, The Inspector of Police, Chengam Police Station, Thiruvannamalai District. Crime No.294 of 2025 Respondent(s) PRAYER To enlarge the petitioner on Bail in the event of Arrest in Crime No.294 of 2025, on the file of the Inspector of Police, Chengam Police Station, Thiruvannamalai District and thus render justice.

For Petitioner(s):

Silambu Selvan S For Respondent(s):

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

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 303(2) of BNS,2023 (u/s 379 of IPC) in Crime No. 294 of 2025, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner joined hands with other accused and stole the two-wheeler belonging to the de facto complainant Hence, the complaint.

3. The learned counsel for the petitioner would submit that the property is already recovered, the co-accused is also arrested, and the petitioner is not having any previous case. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) would submit that the property is recovered from the arrested accused, and one previous case of prohibition offence is reported against this petitioner. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the fact that the property is already recovered from the arrested accused and though the petitioner has one prohibition offence, I am

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 (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Chengam, on condition that the petitioner 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:

(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 petitioner 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.

06-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mpa To 1.The Judicial Magistrate, Chengam.

2.State By, The Inspector of Police, Chengam Police Station, Thiruvannamalai District. Crime No.294 of 2025 3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 30256 of 06-11-2025