Priyadharshini v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.11.2025
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.31146 of 2025
1. Priyadharshini
2. Sandhiya ... Petitioners Vs.
State by Inspector of Police, Attaiyampatti Police Station, Salem District.
... Respondent (Cr.No.203 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioners on bail in the event of arrest a case in Crime No.203 of 2025 on the file of the respondent police. For Petitioners : Mr.C.Deepak Kumar For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side) 1/5
ORDER
The petitioners, who apprehend arrest for the alleged offence under Section 316(2) of BNS, in Crime No.203 of 2025, on the file of the respondent police seek anticipatory bail.
2. The allegation against the petitioners is that, while working in the jewellery shop, they, along with other accused, fabricated various bills and misappropriated 560 grams of gold. Subsequently, a case was registered against them. Hence, the present case.
3. The learned counsel appearing for the petitioners submitted that the petitioners are former employees and were not working at the time when the FIR was lodged. He further submitted that the defacto complainant had abducted A1 and attacked him severely, for which a separate complaint in Cr.No.202 of 2025 has been registered against the defacto complainant at the same police station. He also submitted that A1 has already been arrested and released on bail. Hence, he prayed for grant of anticipatory bail to the petitioners.
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4. The learned counsel further submitted that A3 and A5 have already been granted anticipatory bail by this Court vide order dated 25.09.2025 in Crl.O.P.No.26514 of 2025 and that, after dismissal of the petitioners' earlier anticipatory bail application, the present petition has been filed. Hence, he prayed for grant of anticipatory bail.
5. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and reported that only 12 grams of gold have been recovered so far and the remaining gold is yet to be traced. Hence, he opposed the grant of anticipatory bail to the petitioners.
6. Heard both sides and perused the materials available on record.
7. Considering the fact that A1 has already been arrested and released on bail, that A3 and A5 have been granted anticipatory bail by this Court, and that the allegation pertains to the period 2023-2025 during which the jewels were allegedly misappropriated, I am inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 3/5
8. 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, before the learned Judicial Magistrate-IV, Salem on condition that each of the petitioners shall execute separate bonds for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that: (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 one week and thereafter, as and when required for 4/5
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 anticipatory 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 Act.
14.11.2025 Vv To
1. The Judicial Magistrate-IV, Salem
2. The Inspector of Police, Attaiyampatti Police Station, Salem District.
3.The Public Prosecutor High Court of Madras, Chennai 600 104.
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K.RAJASEKAR , J.
Vv Crl.O.P.No.31146 of 2025 14.11.2025 6/5
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