Krishnan v. The State Of Tamilnadu, Rep. By Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/11/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Krishnan, S/o.Chandrasekar 2.Arumugam, S/o.Visvanathan ... Petitioners/A1 & A2 Vs The State of Tamil Nadu Rep. by the Inspector of Police, Thottiyam Police Station, Trichy District.
(Crime No.133 of 2023) ... Respondent/Complainant For Petitioners : Mr.A.Joel Paul Antony, 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.133 of 2023 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 379 of IPC in Crime No.133 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that when the defacto complainant parked his two wheeler near a flower shop in front of the temple and after worshipping, when he came back, he found that his two wheeler was missing. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and have not committed any offences as alleged by the prosecution, and they have been falsely implicated in this case. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.
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4. The learned Government Advocate (Criminal Side) submitted that the second petitioner is A1 in this case who was already arrested and released on bail. However, he opposed for grant of anticipatory bail to the first petitioner/A2.
5. Since the second petitioner/A1 was already arrested and granted bail, this Criminal Original Petition is dismissed as infructuous as against A1/second petitioner herein.
6. Considering the facts and circumstances of the case and also the fact that the FIR was registered in the year 2023, this Court is inclined to grant anticipatory bail to the first petitioner, subject to certain conditions.
7. Accordingly, the first petitioner is ordered to be released on bail in the event of arrest or on their appearance, on condition that the 1st petitioner 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, Thottiyam, Trichy District, within a period of fifteen days from the date of receipt of a copy 3/6
of this order and on further conditions that: [a] the 1st 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 Aadhaar card or bank pass book to ensure their identity; [b] the 1st petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;
[c] the 1st petitioner shall not tamper with the evidence or witness either during investigation or trial; [d] the 1st 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 1st petitioner 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 4/6
[(2005)AIR SCW 5560]; and [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
07.11.2025 PJL To 1.The Judicial Magistrate, Thottiyam, Trichy District.
2.The Inspector of Police, Thottiyam Police Station, Trichy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J PJL
ORDER
IN 07.11.2025 6/6