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Madras High CourtCRL OP(MD)/18524/2025granted

Balakrishnan v. State Of Tamilnadu Rep By, The Inspector Of Police, Colachel Police Station,

2025-10-27Honourable Mrs Justice S.Srimathy4 pages

CRL OP(MD) NO. 18524 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27-10-2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 18524 of 2025

1. Balakrishnan

2. PUSHPALATHA Petitioner(s) Vs State of Tamilnadu rep by, The Inspector of Police, Colachel Police Station, Kanyakumari District Crime No.237/2025 Respondent(s) For Petitioner(s): Mr.M.Subbiah For Respondent(s): Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor Prayer:

C-24AB.For Anticipatory Bail in Crime No.237/2025 on the file of the respondent police

ORDER

The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 316(2), 318(4), 319 and 351(2) of BNS, 2023, in Crime No.237 of 2025, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners' daughter received and misappropriated gold jewels from the defacto complainant's daughter. Hence, the apprehension of arrest. Hence, a case has been registered as against the petitioners. 3.The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and they have not committed any offence. He seeks this Court to grant anticipatory bail to the petitioners. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that the offences committed by the petitioners are serious in nature. 5.Considering the fact that there is no specific overt act against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with 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.

[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 report before the respondent police daily at 10.30 a.m., for a period of one week and thereafter, as and when required. [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 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 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.

27-10-2025 Tmg To

1. The Inspector of Police, Colachel Police Station, Kanyakumari District.

2.The Judicial Magistrate, Eraniel.

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