CRL OP(MD). No.23086 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD). No.23086 of 2024 Thirumuruga Dinesh ... Petitioner / 4th Accused Vs The State of Tamil Nadu Represented by the Inspector of Police, SIPCOT Police Station, Thoothukudi, Thoothukudi District. (Crime No.348 of 2023) ... Respondent/Complainant For Petitioner : Mr.S.Muniyandi Advocate For Respondent : Mr.A.Albert James Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 348 of 2023 on the file of the respondent police. 1/5 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.23086 of 2024 ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 380, 454, 457 of IPC @ 380, 411, 457 of IPC, in Crime No.348 of 2023 on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that A1 to A4 had stolen 21 sovereigns of gold ornaments and cash. Petitioner, who has been arrayed as A5 is said to be the receiver of the stolen articles. A1 to A4 has been arrested in this case and 3 ½ sovereigns each has been seized from A1 and A2. 3. The learned counsel for the petitioner submitted that, false case has been foisted against the petitioner. He further submitted that, petitioner has been added as an accused only based on the confession of A3 and that the jewels was pledged in the name of Idhaya and only after verifying the same, petitioner had proceeded to purchase the jewels by redeeming the jewels that was financed in M/s. Radha Financiers. 4. The learned counsel for the petitioner, in order to substantiate his submission, has produced the receipt issued by the M/s. Radha Financiers. 5. Heard the learned counsel on either side and perused the material records of the case. 6. Taking into consideration the facts and circumstances of the case and 2/5 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.23086 of 2024 considering the nature of defence taken by the petitioner and taking note of the two previous cases pending against the petitioner for IPC Offences, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7. Accordingly, the petitioner is ordered to be released on 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, Thoothukudi on condition that the petitioner shall 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 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 on every Friday and Saturday at 10.30.a.m., for a period of four weeks and thereafter as and when required for interrogation. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. 3/5 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.23086 of 2024 [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 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)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023. sd/- 02/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. SMA TO 1 THE JUDICIAL MAGISTRATE, THOOTHUKUDI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, THOOTHUKUDI, THOOTHUKUDI DISTRICT. 4/5 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.23086 of 2024 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.S.MUNIYANDI, Advocate ( SR-10[I] dated 02/01/2025 ) ORDER IN CRL OP(MD) No.23086 of 2024 Date :02/01/2025 SA/SKN/SAR. /17.01.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5 https://www.mhc.tn.gov.in/judis