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Madras High CourtCRL OP(MD)/17668/2025granted

Sunil Alais Edwin Sunil v. State Of Tamilnadu Rep By

2025-10-14Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/10/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Sunil Alais Edwin Sunil

2. Praveen

3. Isrent Alais Kumar

4. Prabahar Alais Prabahar Bruc ... Petitioners/Accused Vs State of Tamilnadu Rep By, The Inspector of Police, Colachal Police Station, Kanyakumari District.

Crime No.32 of 2025. ... Respondent/Complainant For Petitioners : Mr. G.Cenil 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.32 of 2025 on the file of the 1/6

respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(2), 351(3) and 303(2) of BNS, 2023, in Crime No.32 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to previous motive regarding conducting of DJ programme for Christmas, the petitioners herein are said to have taken 2 1⁄4 sovereigns of gold chain belongs to one Ruben and also attacked the defacto complainant and thereby, caused injuries. Hence, the complaint.

3. The learned Government Advocate (Crl. side) submits that earlier the court below has granted anticipatory bail to the petitioners in Crl.M.P.Nos. 589 and 596 of 2025, on 10.02.2025. Since the petitioners have not complied with the condition the anticipatory bail granted to the 2/6

them were cancelled. Hence, the petitioner has filed the present petition seeking anticipatory bail. He further submitted that the investigation of the case has already been completed and the charge sheet was laid before the concerned Court.

4. Heard the learned counsel appearing for the petitioners 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 charge sheet has already been laid before the Court concerned, 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 arrest or on their appearance, 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 learned Judicial Magistrate, Eraniel, within a period 3/6

of fifteen days from the date of receipt of a copy of this order and on further 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 Aadhaar card or bank pass book to ensure their identity; [b] the petitioners shall appear before the concerned Court on all hearing dates without fail; [c]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners 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 4/6

appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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].

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

(S S Y J) 14.10.2025 TRP TO

1. The Judicial Magistrate, Eraniel

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

3. The Inspector of Police, Colachal Police Station, Kanyakumari District

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.17668 of 2025 Date : 14/10/2025 6/6