Saravanan v. State Rep. By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Saravanan Petitioner(s) Vs State rep. by Inspector of Police Ramapuram Police Station Chennai District. Crime No. 334/2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners bail in the event of the arrest in Crime No. 334 of 2025 connection with the on the file of respondent police.

For Petitioner(s):

Mr.Balachandran T For Respondent(s):

Ms.J.R.Archana Government Advocate (Crl.Side)

ORDER

Apprehending arrest in connection with Crime No.334 of 2025 registered for the offence punishable under Section 304(2) of BNS, against the petitioner, the present petition has been filed by the petitioner seeking anticipatory bail.

2.

The case of the prosecution is that, the petitioner along with other accused had snatched and took away the mobile phones from the defacto complainant. Hence, this case.

3.

Learned counsel appearing for the petitioner would submit that the petitioner is innocent and no way connected with the alleged offence and he has been falsely implicated in the case, based on the confession of the arrested accused. He would further submit that the petitioner is ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also to appear and co-operate for the investigation, therefore, he prayed for the grant of anticipatory bail to the petitioner. 4.

Learned Government Advocate (Crl. Side) appearing for the respondent police while opposing for the grant of anticipatory bail to the petitioner, submitted that the petitioner along with other accused had involved in theft of the mobile phone of the defacto complainant. He would further submit that there is no previous case as against the petitioner and the investigation is pending, further the mobile phone has been recovered from the accused. 5.

Heard the learned counsel for the petitioner, the learned

Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record including the FIR. 6.

Taking note of the facts and circumstances of the case, the submissions made by the learned counsel on either side, there is no previous case against the petitioner and the mobile phone has been recovered, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.

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, Poonamallee, Tiruvallur District on condition that the petitioner shall execute a 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] 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.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action 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 vs. State of Kerala [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

02-12-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.State rep. by Inspector of Police Ramapuram Police Station Chennai District. Crime No. 334/2025 2.The Judicial Magistrate No.1, Poonamallee, Tiruvallur District.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 32885 of 02-12-2025