Crl.O.P.Nos.17999 & 18006 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.06.2025 CORAM: THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.Nos.17999 & 18006 of 2025 Vijay ... Petitioner in both petitions Versus The State, Rep by, The Inspector of Police, Pennalurpet, Tiruvallur, Police Station. (Crime Nos.61 of 2025 & 321 of 2024) ... Respondent in both petitions Prayer in Crl.O.P.No.17999 of 2025: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.61 of 2025 on the file of Pennalurpet, Tiruvallur Police Station. Prayer in Crl.O.P.No.18006 of 2025: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.312 of 2024 on the file of Pennalurpet, Tiruvallur Police Station. For Petitioner (in both Crl.O.P) : Mr.S.Jeeva Page No.1 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17999 & 18006 of 2025 For Respondent (in both Crl.O.P) : Mr.A.Gokulakrishnan Additional Public Prosecutor ***** COMMON ORDER The petitioner, who was arrested and remanded to judicial custody on 03.05.2025, for the offence punishable under Sections 331(4), 305(A) of BNS in connection with Crime Nos.61 of 2025 and 312 of 2024, registered on the file of the respondent police, seeks bail. 2. The contention of the case learned counsel for the petitioner is that the respondent police earlier arrested the petitioner in respect of Crime No.312 of 2024 and thereafter, he was shown as an accused in Crime No.61 of 2025. In the first case, the petitioner has been falsely implicated and in the second case, his name has been shown as accused. Further, he submitted that the petitioner is the breadwinner of the family and he is doing daily work. Therefore, he prays for grant of bail to the petitioner. 3. Learned Additional Public Prosecutor submitted that in Crime No.312 of 2024, 16 sovereigns of gold was theft by the petitioner, out of which, 10 sovereigns of gold has been recovered. In Crime No.61 of Page No.2 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17999 & 18006 of 2025 2025, 7 sovereigns of gold and 7 kilograms of silver were theft by the petitioner, out of which, 7 sovereigns of gold was recovered and the silver articles are yet to be recovered. Further, he submits that the petitioner has four previous cases of similar nature against him. Therefore, he strongly opposed for grant of bail to the petitioner. 4. Heard both sides and perused the materials available on record. 5. Considering the facts and circumstances of the case, submissions made by the learned counsels on either side and the fact that the petitioner has been in prison from 03.05.2025 and the substantial portion of recovery is made, this Court is inclined to grant bail to the petitioner with certain conditions. 6. Accordingly, the petitioner is ordered to be released on bail on his executing a common bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Uthukottai, Tiruvallur and on further conditions that: Page No.3 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17999 & 18006 of 2025 [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 before the respondent Police, everyday at 10.30 a.m., for a period of three weeks except on the date he appears before the trial Court for hearing and thereafter, as and when required for further interrogation; [c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] 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]; Page No.4 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17999 & 18006 of 2025 [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 25.06.2025 sp 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 Court, Uthukkottai. 2.The Inspector of Police, Pennalurpet, Tiruvallur Police Station. 3.The Superintendent, Central Prison, Puzhal. 4.The Public Prosecutor, High Court, Madras. Page No.5 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17999 & 18006 of 2025 M.NIRMAL KUMAR, J. sp Crl.O.P.Nos.17999 & 18006 of 2025 25.06.2025 Page No.6 of 6 https://www.mhc.tn.gov.in/judis