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Madras High CourtCRL OP(MD)/19925/2025granted

Sathya Poneeswaran v. The State Of Tamilnadu Rep By Inspector Of Police

2025-11-12Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.11.2025 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY

1. Sathya Poneeswaran

2. Malar

3. Akalya ... Petitioners/ Accused No.1 to 3 Vs The State of Tamil Nadu The Inspector of Police, Thallakulam Police Station ( L& O), Madurai District.

[in Crime No.1069 of 2025] ... Respondent/ Complainant For Petitioners : Mr.S.M.A.Jinnah For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023.

PRAYER :- For Anticipatory Bail in Crime No.1069 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 115(2), 351(2), 303(2) (NP) of BNS and Section 4 of Tamil Nadu Prohibition of Woman Harassment Act, in Crime No.1069 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners had stolen certain jewels belonging to the defacto complainant and assaulted her. Hence, the present case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners. 2/6

4. The learned Government Advocate (Criminal Side) submitted that the properties have not been recovered. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the injured person has been discharged from the hospital and if the petitioners are agreed to some deposit amount to the credit of Crime No, 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 their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.II, Madurai, on condition that the petitioners shall execute a separate 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate No.II, Madurai and on further conditions that:

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(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 Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) each to the credit of Crime No.1069 of 2025 before the Judicial Magistrate Court No.II, Madurai, and on such deposits being made, the learned Judicial Magistrate No.II, Madurai, shall accept the sureties furnished by the petitioners.

(c) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners 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 petitioners in accordance with law as if the 4/6

conditions have been imposed and the petitioners 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.

(S S Y J) ebsi 12.11.2025 TO

1. The Inspector of Police, Thallakulam Police Station ( L& O), Madurai District.

2. The Judicial Magistrate No.II, Madurai.

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

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S.SRIMATHY,J.

ebsi 12.11.2025 6/6