Crl.O.P.No.28102 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.12.2025 CORAM : THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.28102 of 2025 1.Vimalkumar 2.Usha ... Petitioners -vs- State Rep by, The Inspector of Police R3 Police Station, Vysarpadi, Chennai. (Crime No.327 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of BNSS, pleased to enlarge the petitioner on bail in the event of their arrest in Crime No.327 of 2025 pending investigation on the file of the respondent police. For Petitioners : Mr.G.Jeremiah For Intervener : Mr.M.K.Yukanth For Respondent : M/s.J.R.Archana Government Advocate (Crl.Side) ********** 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.28102 of 2025 ORDER The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 305 of BNS,2023 in Crime No. 327 of 2025, seeks anticipatory bail. 2. The allegation against the petitioners is that the petitioners are relatives of the de facto complainant, and they are all residing in one house. It is alleged that the de facto complainant had 66 sovereigns of gold jewels kept in an almirah locker. On 08.07.2025, it was found missing. Hence, they enquired family members. Thereafter, they enquired the petitioners herein and they admitted that they had taken the jewels, pledged them and subsequently sold them. Hence the complaint was lodged. 3.The learned counsel for the petitioners submitted that the petitioners herein are close relatives and the jewels were taken in the year 2018 and pledged in the name of the de facto complainant. Subsequently, they were redeemed, sold and used for business purposes and the de facto complainant was also aware about it. For the purpose of showing their bonafide, they are ready and willing to pay a sum of Rs.5 lakhs to the credit of crime number. Hence, he prays for grant bail to the petitioners. 4. The learned counsel for the intervener submitted that the total quantity of jewels involved in this case is 66 sovereigns of gold. Earlier, the petitioners herein agreed to return 20 sovereigns of gold jewels, but so far no amount has 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.28102 of 2025 been paid and no recovery has been made. If granting bail would hamper the investigation and there is no possibility of recovering the gold jewels. Hence, opposed for grant of bail to the petitioners. 5. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that so far no amount has been recovered and the investigation in this case is pending. Hence, opposed for grant of bail to the petitioners. 6. I have gone through the FIR and considered the submissions made on both sides. Considering the fact that the petitioners and others are relatives, it seems that several negotiations between the family members took place and the FIR was not immediately lodged. After some time, they come forward to lodge the complaint. I am of the view since the petitioners have come forward to pay Rs.5 lakhs to the credit of crime number to show their bonafide, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 7. However, the petitioner is directed to deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) into the credit of Crime No.327 of 2025. On such deposit, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned X Metropolitan Magistrate, Chennai, on condition that the petitioner shall execute a separate bond for a 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.28102 of 2025 sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition: (a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) 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 identify proofs to ensure their identity; (c) The petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the 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 v. State of Kerala [(2005) AIR SCW 5560]; 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.28102 of 2025 (e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 11.12.2025 mpa To 1.The X Metropolitan Magistrate, Chennai. 2.The Inspector of Police R3 Police Station, Vysarpadi, Chennai. 3.The Public Prosecutor, High Court, Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.28102 of 2025 K. RAJASEKAR, J. mpa Crl.O.P.No.28102 of 2025 11.12.2025 6/6 https://www.mhc.tn.gov.in/judis