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Madras High CourtCRL OP(MD)/7312/2026granted

Anbu @ Anbu Rajeev v. State Of Tamilnadu Rep By Inspector Of Police, Bodinayakkanur

2026-04-15Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 7312 of 2026 1.Anbu @ Anbu Rajeev 2.Azar @ Zooman Ahmed ... Petitioners Vs State of Tamil Nadu rep. by The Inspector of Police, Bodinayakkanur Police Station, Theni District.

(Crime No.494 of 2019)

...Respondents/Complainant

For Petitioners : Mr.Sathyachidambaram Advocate.

For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 494 of 2019 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 379, 120-B, 109, 114 and 414 of IPC, in 1/6

Crime No.494 of 2019, on the file of the respondent police, in C.C.No.7 of 2021 on the file of the learned Judicial Magistrate, Bodinayakkanur, Theni District, seeks anticipatory bail.

2. The case of the prosecution is that on 04.10.2019, the defacto complainant procured 152 bags of cardamom for his business purpose and transported the same in a Lorry. At that time, the accused persons committed theft of 9 bags of cardamom worth about Rs.10,00,000/- and keeping the same in a shop. Hence, the case.

3. The learned counsel for the petitioners submits that the petitioners are innocent and they were falsely implicated in this case and they are in no way connected in the above said incident. They have not committed any offence as alleged by the prosecution. On 06.10.2019 the case has been registered for the above said offences and after completing the investigation, charge sheet has been filed before the learned Judicial Magistrate, Bodinayakkanur, Theni District, and the same is taken cognizance in C.C.No.7 of 2021. Totally there are 8 accused in this case. The petitioners are accused numbers 7 and 8. Pending trial due to the absence of the petitioners NBW was issued and the same is pending for execution. Hence, he prays to grant Anticipatory Bail to the 2/6

petitioners.

4. The learned Government Advocate (Crl. Side) submits that the offences are grave in nature. The petitioners are committed theft of cardamom worth about Rs.10,00,000/-. After completing the investigation, absconding charge sheet has been filed before the learned Judicial Magistrate, Bodinayakkanur, Theni District, against the petitioners and the same is taken cognizance in C.C.No.7 of 2021. Now the trial has been commenced. Due to non appearance of the petitioners NBW was issued by the trial Court against them and the same is pending for execution. Hence, he vehemently opposed the grant of anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side and the nature of offences charged against the petitioners, after completing the investigation, charge sheet has been filed and trial has also been commenced and due to non appearance of the petitioners NBW was issued by the trial Court, and also considering all the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions: 3/6

[a] Accordingly, the petitioners are ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Bodinayakkanur, Theni District and on further conditions that: [b] the petitioners shall report before the learned Judicial Magistrate, Bodinayakkanur, Theni District, at 10.30 a.m., on all working days for a period of thirty days, thereafter, as and when required for interrogation;

[c] the petitioners shall not commit any offences of similar nature.

[d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial 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 4/6

Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J) 15.04.2026 TM To 1.The Judicial Magistrate, Bodinayakkanur, Theni District. 2.The Inspector of Police, Bodinayakkanur Police Station, Theni District.

(Crime No.494 of 2019) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 7312 of 2026 Date : 15.04.2026 6/6