Paramasivan @ Sudha Paramasivan v. State Of Tamilnadu Rep By Inspector Of Police, Tirunelveli Junction

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.09.2025 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY Paramasivan @ Sudha Paramasivan ... Petitioner/Accused No.2 Vs The Inspector of Police, Tirunelveli Junction Police Station, Tirunelveli City.

(Cr.No.302 of 2025) ... Respondent/Complainant For Petitioner : Mr.Ayyiram K.Selvakumar For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.302 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 Sections 331 (3), 305 of BNSS in Crime No.302 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is a tenant of a shop number 50 which belongs to Sindhupoondurai Meenakshi Sundareshwar 1/5

Temple. The defacto complainant, who recently participated with the tender and was allocated the shop on 50 on noticing that his shop was break opened and iron plate, Shutter and grocery items which are worth of 30,500 were stolen, on 17.08.2025, the defacto complainant enquired his neighbor shop and he came to know that this petitioner along with another accused have done and he made the complaint. Based on his complaint, the present FIR was registered by the respondent police. Hence the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any stringent conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the investigation is almost completed and there is no previous case pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the investigation is 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.

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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.IV, Tirunelveli District 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 learned Judicial Magistrate No.IV, Tirunelveli District 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 his 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.IV, Tirunelveli District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.IV, Tirunelveli District.; (c) the petitioner is directed to appear before the respondent police as and when required for the purpose of 3/5

interrogation.

(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/- 01/09/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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ebsi TO

1. The Judicial Magistrate No.IV, Tirunelveli.

2. The Inspector of Police, Tirunelveli Junction Police Station, Tiruenlveli City.

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

ORDER

IN CRL OP(MD) No.14410 of 2025 Date :01/09/2025 SBN/11.09.2025 5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5