CRL O.P. No.3705 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 17.02.2025 CORAM: THE HON`BLE MR.JUSTICE SUNDER MOHAN CRL O.P. No.3705 of 2025 V. Surya S/o. Veerachandran .... Petitioner / Accused Vs State rep. by:- The Inspector Of Police, Thiruthurai Poondi Police Station, Thiruvarur District. ... Respondent [Cr. No.773 of 2023] PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioner / Accused in Crime No.N 773 of 2023 on the file of the respondent police. For Petitioner : Mr. Naresh Kumar.R. For Respondent : Mr. S. Balaji, Government Advocate [Criminal side] ORDER The petitioner / Accused, who apprehends arrest in the hands of the respondent police for the offence punishable under Sections 380 and 1/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.3705 of 2025 457 of IPC in connection with the case in Crime No.773 of 2023, seeks anticipatory bail. 2. The case of the prosecution is that the petitioner along with other co-accused broken open the house of the defacto complainant and committed theft of Thali gold chain from the defacto complainant. 3. Learned counsel for the petitioner would contend that the co- accused were arrested; that the petitioner is sought to be implicated on the basis of confession statement of the co-accused; that stolen articles were recovered from A2 and that in any case, custodial interrogation is not required and hence prayed for anticipatory bail to the petitioner. 4. The learned Government Advocate (Criminal Side), reiterated the prosecution case and submitted that the petitioner has one previous case registered for the offence under Section 294(b) of IPC and the stolen articles were seized from A2. 5. Heard the learned counsel for the petitioner and the learned 2/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.3705 of 2025 Government Advocate (Crl.Side) for the respondent police and perused the materials available on record. 6. Considering the nature of allegations, the fact that the petitioner is sought to be implicated on the confession statement of A2, the stolen property has been recovered and in any case, since the custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner on 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruthuraipoondi, Tiruvarur District on condition that the petitioners 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 3/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.3705 of 2025 dismissed and on further conditions 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 everyday 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 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 abscond, a fresh FIR can be registered under Section 269 B.N.S. 4/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.3705 of 2025 17.02.2025 mjs To 1.The Judicial Magistrate, Thiruthuraipoondi, Tiruvarur District. 2. The Public Prosecutor, High Court, Madras. 3. The Inspector Of Police, Thiruthurai Poondi Police Station, Thiruvarur District. SUNDER MOHAN. J., mjs 5/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.3705 of 2025 CRL O.P. No.3705 of 2025 17.02.2025 6/6 https://www.mhc.tn.gov.in/judis