← Library
Madras High CourtCRL OP(MD)/11394/2025allowed

Ashok v. The State Of Tamil Nadu

2025-07-08Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Ashok, S/o.Arulraj 2.Sabari, S/o.Velmurugan 3.Palani @ Palanichamy, S/o.Pandian ... Petitioners/A1 to A3 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Poolankuruchi Police Station, Sivagangai District.

(Crime No.33 of 2025) ... Respondent/Complainant For Petitioners : Mr.D.S.Haroon Rasheed, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.33 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2) and 62 of BNS, 2023 in Crime No.33 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 29.06.2025, at about 1.45 a.m., while the de-facto complainant was sleeping in his house, he heard a dog barking outside. When he came out of the house, he saw the accused standing outside and attempting to steal a two-wheeler bearing Registration No.TN-63-BM-2034. Hence, the present case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and are in no way connected with the alleged occurrence as stated by the prosecution. He, however, submitted that the petitioners are willing to abide 2/5

by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that there are totally three accused persons in this case. He further submitted that there are no previous cases registered against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and also taking note of the fact that there are no previous cases registered against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruppathur on condition that the petitioners shall 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Thiruppathur and on further 3/5

conditions that:

(a) the petitioners 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 petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate, Thiruppathur. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Thiruppathur;

(c) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; 4/5

(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

Sd/- 08.07.2025 // True Copy // / /2025 Sub Assistant Registrar(CS) Madurai Bench of Madras High Court mkn TO 1.The Judicial Magistrate, Thiruppathur.

2.Do Through The Chief Judicial Magistrate, Thiruppathur.

3.The Inspector of Police, Poolankuruchi Police Station, Sivagangai District.

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

ORDER

IN CRL OP(MD) No.11394 of 2025 Date : 08/07/2025 JJ/23.07.2025 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5