Crl.O.P.No.26360 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-09-2025 CORAM THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.26360 of 2025 Anbazhagan @ Anbu ... Petitioner/ A11 Vs The State rep. by, The Inspector of Police, Kadampuliyur Police Station, Cuddalore. (Crime No.237 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.237 of 2025 on the file of the respondent police. For Petitioner(s) : Mr. R. Subramaniyan For Respondent(s) : Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.26360 of 2025 ORDER The petitioner, who was arrested and remanded to judicial custody on 14.08.2025 for the offences punishable under Sections 331(4) and 305(a) r/w Section 49 of BNS in Crime No.237 of 2025, registered on the file respondent police, seeks bail. 2. The case of the prosecution is that, the petitioner joined hands with other accused and broke open and entered into the defacto complainant's house and looted away nearly 178 sovereigns of gold jewels. Hence, this case. 3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated, not involved in the theft and he is in custody since 14.08.2025. He also submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner. 4. The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.26360 of 2025 prosecution case and stated that there are totally 11 accused in this case and the petitioner herein is arrayed as A11 and the role of this petitioner is that he had shown the defacto complainant's house to other accused for committing theft. He further submitted that the petitioner has no previous antecedents and out of 178 sovereigns of gold jewels, 113 sovereigns of gold jewels were recovered and that the investigation is completed. 5. I have heard the submissions made by the learned counsels on either side and perused the materials available on record, including the remand report. 6. Considering the facts of the case, the overt act against the petitioner, taking note of the fact that A1 to A7 had committed theft from the defacto complainant's house and there is no material to show that this petitioner had a share in the stolen gold jewels and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail on 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.26360 of 2025 his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Panruti and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report the respondent police daily at 10:30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; [c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner 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)13 SCC 283]; 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.26360 of 2025 [d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 25.09.2025 stn Note : 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To 1. The Judicial Magistrate No.II, Panruti. 2. The Inspector of Police, Kadampuliyur Police Station, Cuddalore. (Crime No.237 of 2025) 3. The Superintendent, Central Prison, Cuddalore 4. The Public Prosecutor, High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.26360 of 2025 K. RAJASEKAR, J. stn . Crl.O.P. No.26360 of 2025 25.09.2025 6/6 https://www.mhc.tn.gov.in/judis