Kutralam v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Kutralam, S/o.Katturaja ... Petitioner/A2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Koomapatty Police Station, Virudhunagar District.

(Crime No.65 of 2024) ... Respondent/Complainant For Petitioner : Mr.Malaikani.S, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.65 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/5

The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 147, 148, 427, 448, 454, 380 and 506 (ii) of IPC in Crime No.65 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused trespassed into the house of the de-facto complainant and stolen away 6 sovereigns of gold jewels. Hence, the case.

3. The learned counsel for the petitioner submitted that this is the third anticipatory bail application before this Court. The petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. He however submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there are totally 13 accused persons in this case and the petitioner has been arrayed as A2. A1 and A3 were arrested and subsequently released on bail. A5, A6, A8 to A11 have been granted anticipatory bail by this Court. He further submitted that the petitioner is a history-sheeter with 22 previous cases registered against him. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and taking note of the 2/5

fact that the two of the co-accused were arrested and subsequently released on bail and some of the co-accused have been granted anticipatory bail by this Court, and that as the date of occurrence is 30.06.2024, by this time most of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Srivilliputhur 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.1, Srivilliputhur and on further conditions 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 furnish his residential address and mobile number to the learned Judicial Magistrate No.1, Srivilliputhur. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial 3/5

Magistrate No.1, Srivilliputhur;

(c) the petitioner shall report before the respondent police daily twice i.e. at 10.30 a.m. and 05.30 p.m., until further orders; (d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner shall not abscond either during investigation or trial; (f) 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 law as if the conditions have been imposed and the petitioner 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]; and; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 19/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1 THE JUDICIAL MAGISTRATE NO.I, SRIVILLIPUTHUR. 4/5

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, KOOMAPATHY POLICE STATION, VIRUDHUNAGAR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.MALAIKANI, Advocate ( SR-6534[I] dated 19/06/2025 )

ORDER

IN CRL OP(MD) No.10237 of 2025 Date :19/06/2025 NBF/04.07.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5