Crl.O.P.No.7855 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.04.2025 CORAM THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 7855 of 2025 P.Pachiyannan Petitioner Vs The State Rep by The Inspector of Police, Sankari Police Station, Salem District. (Crime No.525 of 2024) Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to grant Anticipatory Bail to the petitioner in the even of his arrest or surrender in connection with the case in Crime No. 525 of 2024 on the file of the respondent police. For Petitioner : Mr.Udayakumar For Respondent : Mr.S.Santhosh, Government Advocate (Crl. Side) ORDER The petitioner / Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 316(2) of BNS, 2023 in connection with the case in Crime No.525 of 2024, seeks anticipatory bail. Page No.1 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.7855 of 2025 2. The case of the prosecution is that the petitioner had taken away 34.5 sovereigns of gold jewels and 5 kilograms of silver, which belongs to the temple; and that in spite of order of the Assistant Commissioner, H.R.&C.E. dated 04.11.2024, the petitioner had not handed over the same. Hence, this case. 3. When the matter was earlier listed on 20.03.2025, this Court made the following observations: “ 5. Taking note of the facts and circumstances of the case, considering the submissions made by the learned counsels on either side, this Court directs the petitioner to hand over the temple jewels, which were in his possession to the defacto complainant at the Office of the Assistant Commissioner, H.R.&C.E., Salem and the defacto complainant after receiving the jewels shall give an acknowledgment, which shall be countersigned by the Assistant Commissioner, H.R.&C.E., Salem on 26.03.2025. 6. The respondent shall inform the same to the defacto complainant and the Assistant Commissioner, H.R.&C.E, Salem, in order to make their presence at the Office of the Assistant Commissioner, H.R.&C.E, Salem on 26.03.2025.” 4. It is now reported by the learned Government Advocate (Crl.Side) and the learned counsel for the petitioner that the jewels were handed over to the defacto complainant at the Office of the Assistant Commissioner, H.R & C.E, Salem and the learned Government Advocate also produced a copy Page No.2 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.7855 of 2025 of receipt issued by the defacto complainant which was countersigned by the Assistant Commissioner, H.R. & C.E., Salem. 5. In view of the aforesaid submissions, custodial interrogation of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.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 No.1 at Sankari, 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 said Magistrate, on further condition that: [a] 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, as and when required; Page No.3 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.7855 of 2025 [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness 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 B.N.S. 01.04.2025 rkp Copy to: 1.The Inspector of Police, Sankari Police Station, Salem District. 2.The Judicial Magistrate No.1, Sankari 3.The Public Prosecutor, High Court, Madras. Page No.4 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.7855 of 2025 SUNDER MOHAN, J. rkp Crl.O.P.No.7855 of 2025 01.04.2025 Page No.5 of 5 https://www.mhc.tn.gov.in/judis