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Madras High CourtCRL OP(MD)/8573/2025allowed

Ramesh v. The State Of Tamilnadu Rep. By

2025-05-08Honourable Mr.Justice M.Jothiraman4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN Ramesh ... Petitioner Vs State of Tamilnadu, Represented by the Inspector of Police, Guziliamparai Police Station, Dindigul District.

(In Crime No.73 of 2025) ... Respondent For Petitioner : Mr.B.Azhagesh For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.73 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under section 303(2) of BNSS in Crime No.73 of 2025, on the file of the respondent police, seeks anticipatory bail. 1/4

2. The case of the prosecution is that on 10.03.2025 at about 01.00 PM, when the petitioner was working in GS Infra Tech Company as diesel distributor, he had stolen 260 liters of diesel from the defacto complainant's company. Hence, the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He, therefore, prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the petitioner is the operator and the petitioner's work is to fill up fuel in lorries, four wheelers and two wheelers. The petitioner had sold 260 liters of diesel illegally to third party. Further, the petitioner has no previous case against him.

5.The learned Counsel appearing for the petitioner would submit that the address of the petitioner is wrongly mentioned and he has also filed a memo to that effect. The said memo is recorded and the Registry is directed to carry out necessary amendments wherever necessary.

6. Considering the facts and circumstances of the case and considering the fact that the petitioner has no previous case against him, this Court is inclined to enlarge the petitioner on anticipatory bail with certain conditions. 2/4

7. Accordingly, the petition is allowed and the petitioner is ordered to be released on anticipatory 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 Additional District Munsif Cum Judicial Magistrate Court, Vedasandur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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. until further orders.

[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 petitioner in accordance with 3/4

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 of BNS 2023.

sd/- 08/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

Tmg TO 1.The Additional District Munsif Cum Judicial Magistrate Court, Vedasandur. 2.Do through the Chief Judicial Magistrate,Dindigul. 3.The Inspector of Police, Guziliamparai Police Station, Dindigul District.

4. The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai.

ORDER IN CRL OP(MD) No.8573 of 2025 Date :08/05/2025 PP/26.05.2025 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4