Madras High CourtCRL OP(MD)/11431/2025allowed

S. Radha Krishnan v. The State Of Tamilnadu

2025-07-08Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P.VADAMALAI S. Radha Krishnan ... Petitioner/Accused Vs The State of Tamilnadu, Rep. by the Inspector of Police, Idol Wing Police Station, Chennai.

Crime No. 3/2025.

... Respondent/Complainant For Petitioner : Mr.P.Pethu Rajesh, Advocate.

For Respondent : Mr,S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.3 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 331(4), 305(a), 371(2), 317(5), 61(2) of the Bharatiya Nyaya Sanhita 2023 and Section 35(1)(e) of the Bharatiya Nagarika Suraksha Sanhita 2023, in Crime No.3 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons had stolen the idol and kept the same in their custody for the purpose of selling it to earn huge money. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that co-accused have already been granted bail by this Court in Crl.OP(MD).Nos.10799, 10804 and 11009 of 2025 dated 30.06.2025. He further submitted that based on the confession of co-accused, the petitioner was falsely implicated in this case. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

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4. The learned Government Advocate (Criminal Side) submitted that there is one previous case pending against the petitioner and the property has been recovered. He further submitted that the investigation is almost completed and coaccused have already been granted bail by this Court. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the investigation has been almost completed and co-accused have already been granted bail by this Court and the property has been recovered, 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 Additional Chief Judicial Magistrate Court, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 Additional Chief Judicial Magistrate Court, Madurai, and on further conditions that:

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(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 Additional Chief Judicial Magistrate Court, Madurai. In the event of any change in his residential address, the petitioner shall report the same to the Additional Chief Judicial Magistrate Court, Madurai.

(c) the petitioner shall stay at Tirunelveli and appear and sign before the Inspector of Police, IDOL Wing CID, Tirunelveli Range daily 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 4/6

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/- 08/07/2025 / TRUE COPY / / /2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE, MADURAI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, IDOL WING POLICE STATION, CHENNAI.

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4 THE INSPECTOR OF POLICE, IDOL WING CID, TIRUNELVELI REGION, TIRUNELVELI.

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

+1CC to M/s.P.Pethu Rajesh,Advocate(Sr.No.7269)

ORDER

IN CRL OP(MD) No.11431 of 2025 Date :08/07/2025 MGJ (21.07.2025)/6P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 6/6