Babu v. State Of Tamilnadu Rep By Inspector Of Police, Radhapuram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.12.2025 PRESENT THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN CRL OP(MD). No.23992 of 2025 Babu ... Petitioner / Accused Rank not known Vs The State of Tamil Nadu, The Inspector of Police Radhapuram Police Station, Tirunelveli District.

Crime No.505 of 2025) ... Respondent For Petitioner : Mr.P.Suresh For Respondent : Mr.A.S.Abul Kalaam Azad, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory bail in Cr.No.505 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 303(2) BNS in Crime No.505 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the sheep belonging to the defacto complainant went missing on 25.10.2025. The value of the allegedly missing sheep is stated to be approximately Rs.10,000/-. Hence, the present case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He, however, submits that the petitioner is ready to abide by any conditions to be imposed by this Court.

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4. The learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the stolen sheep were recovered from the petitioner herein. Accordingly, he prays to dismiss this Criminal Original Petition.

5. Considering the fact that the stolen sheep were recovered from the petitioner herein, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Radhapuram, 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 respondent police or the 3/6

police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the 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 Aadhar card or Bank Pass Book to ensure their identity.

[b] the petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders.

[c] the petitioner shall not tamper with 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 petitioners released on bail by the learned Magistrate/Trial 4/6

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 2023.

(M J R J) 26.12.2025 TSG TO 1.The Judicial Magistrate Court, Radhapuram.

2.The Inspector of Police, Radhapuram Police Station, Tirunelveli.

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

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M.JOTHIRAMAN,J TSG CRL.OP(MD)No.23992 of 2025 26.12.2025 6/6