Srithar v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/10/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Srithar ... Petitioner/Accused Vs The State of Tamilnadu Rep., By, the Sub Inspector of Police, Balamedu Police Station, Madurai (Crime No. 101 of 2025). ... Respondent/Complainant For Petitioner : Mr.M. Jerin Mathew Advocate.

For Respondent : Mr.S.S. Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 101 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 127(2) and 309(5) of BNS, 2023 in Crime No.101 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 26.08.2025 the petitioner herein along with other accused is said to have trespassed into the house of the defacto complainant and allegedly attempted to steal certain Articles. Hence, the complaint.

3. The learned Government Advocate (Crl. side) submitted that the petitioner herein was included in this Crime based on the CCTV footage and further, co-accused has already been granted bail by the Session court, Madurai vide order dated, 07.10.2025 in Crl.M.P.No.4588 of 2025. He further submitted that there is no previous case pending against the petitioner and the investigation of the case is pending. 2/6

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent police.

5. Considering the facts and circumstances of the case and also the fact that the co-accused have already been granted bail by the Sessions Court and that 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 arrest or on his appearance, 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 learned Judicial Magistrate, Vadipatti within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that:

[a]the petitioner and the sureties shall affix their 3/6

photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b] the petitioner shall report before the respondent police daily twice at 10.30 a.m., and 5.30 pm until further orders.

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioner shall not abscond either during investigation or trial.

[e]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 is released on bail by the learned 4/6

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].

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

(S S Y J) 13.10.2025 TRP TO

1. The Judicial Magistrate, Vadipatti

2. Do-Through The Chief Judicial Magistrate, Madurai District.

3. The Sub Inspector of Police, Balamedu Police Station, Madurai

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

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S.SRIMATHY,J TRP

ORDER

IN CRL OP(MD) No.17377 of 2025 Date : 13/10/2025 6/6