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Madras High CourtCRL OP(MD)/12648/2025allowed

Praveen v. The State Of Tamilnadu Rep. By

2025-07-30Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.07.2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Praveen ... Petitioner/ Accused No.3 Vs State of Tamil Nadu, Rep. by the Inspector of Police, Devipattinam Police Station, Ramnad.

(Crime No.108 of 2025) .. Respondent/Complainant For Petitioner : Mr.U.Antony Santhosh 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.108 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 Section 309(4) of BNS, in Crime No.108 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 21.04.2025 at about 08.00 p.m., when the defacto complainant was proceeding in a two wheeler at Kopperimadam near Syed Ammal College, the petitioner and another followed him and robbed his Redmi mobile phone on shirt pocket and escaped from the scene of occurrence in a two wheeler. 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 the property has been recovered from A2 and the petitioner is friend of A1, he 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.

4. The learned Government Advocate (Criminal Side) submitted that the property has been recovered and there is no previous case pending against the petitioner. He further submitted that the investigation is almost completed. However, he opposed for grant of anticipatory bail to the petitioner. 2/5

5. Considering the facts and circumstances of the case and also the fact that the property has been recovered and the investigation has been almost completed and there is no previous case pending against the petitioner, 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 Judicial Magistrate Court No.1, Ramanathapuram, 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 Judicial Magistrate Court No.1, Ramanathapuram, 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 Judicial Magistrate Court No.1, Ramanathapuram. In the event of any change in his residential address, the petitioner shall report 3/5

the same to the Judicial Magistrate Court No.1, Ramanathapuram. (c) the petitioner shall report before the respondent police daily at 10.30 a.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/- 30/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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msrm To 1.The Judicial Magistrate Court No.1, Ramanathapuram.

2. Do through the Chief Judicial Magistrate, Ramanathapuram.

3.The Inspector of Police, Devipattinam Police Station, Ramnad.

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

+1 CC to M/S.U.Antony Santhosh, Advocate ( SR-47618[F] dated 31/07/2025 )

ORDER

IN CRL OP(MD) No.12648 of 2025 Date :30/07/2025 PS/SAR.20.08.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5