High Court · 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 30/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). Nos.8133 & 8138 of 2025Pradeep ... Petitioner in Crl.O.P.(MD) No.8133 of 2025/A12Sruthiharan ... Petitioner in Crl.O.P.(MD) No.8138 of 2025/A11 Vs.The State of Tamil NaduRep. by the Inspector of Police,Samayanallur Police Station,Madurai District.Now transferred to Idol Wing CID, Madurai District.Crime No.495 of 2015 ... Respondent in both Petitions/ComplainantIn Both Petitions For Petitioner : Mr.N.Pragalathan, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side)1/8 https://www.mhc.tn.gov.in/judis PETITIONS FOR BAIL Under Sec.483 of BNSSCOMMON PRAYER :- For Bail in Crime No.495 of 2015 on the file of the respondent-policeCOMMON ORDER : The Court made the following common order :-These Criminal Original Petitions have been filed by the petitioners on28.04.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 prayingto grant an order of bail. 2. The petitioners/Accused Nos.12 and 11 were arrested and remanded tojudicial custody on 05.04.2025 for the offences punishable under Sections 457 & 380 ofIndian Penal Code, 1860 @ Sections 457, 380, 411 and 414 of Indian Penal Code, 1860,in Crime No.495 of 2015 on the file of the respondent-police. 3. The case of the prosecution is that on 31.12.2015, the accused persons, includingthe petitioners, committed the theft of six bronze idols. The case was initiallyregistered at the Samayanallur Police Station and was later transferred to the Sub-Inspector of Police, Idol Wing (CID), Madurai. The sections were also subsequentlyaltered. 4. Mr.N.Pragalathan, learned counsel appearing for the petitioners, submits thatthe petitioners have not committed any offence as alleged by the prosecution. Hefurther submits that the case pertains to the year 2015, and even in 2019, the2/8 https://www.mhc.tn.gov.in/judis respondent-police had enquired the petitioners and concluded that they had noconnection with the crime. However, based on the subsequent confession of co-accused, the petitioners have now been arrayed as Accused Nos.12 and 11, and werearrested nearly 10 years after the date of the alleged offence. The petitioners have noconnection with the alleged crime. He however submits that the petitioners have beenin judicial custody since 05.04.2025 and are ready to abide by any conditions that maybe imposed by this Court. Hence, he prays to grant bail to the petitioners.5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (CriminalSide) appearing for the respondent-police, submits that the petitioners, along with theother accused persons, committed the theft of six idols, out of which four idols havebeen recovered, while two idols are yet to be recovered from the accused persons. Hefurther submits that although the earlier investigation revealed that the petitionershad no connection with the crime, the subsequent confession of co-accused confirmsthe involvement of the petitioners in the theft of the idols. Therefore, they werearrayed as accused and arrested. He further submits that there is no previous casepending against the petitioners. He also submits that if the petitioners are enlarged onbail, they may abscond, thereby delaying further investigation. Accordingly, hevehemently opposes to grant bail to the petitioners.3/8 https://www.mhc.tn.gov.in/judis

6. Heard on both sides and perused the records.7. The petitioners were arrested on 05.04.2025 and have been in judicial custodysince then. The value of the stolen properties i.e., idols, as stated in the FirstInformation Report, is Rs.30,000/-. The alleged occurrence took place in the year2015. However, the respondent-police have arrayed the petitioners as accused onlybased on the confession statement of a co-accused and subsequently arrested them.Except for the confession statement of the co-accused, there is no material evidenceon record to connect the petitioners with the crime. In view of the above, this Court isof the opinion that further custody of the petitioners is not necessary for theInvestigating Agency in this case. To be noted, the above view is recorded only forthe purpose of deciding this bail petition and would not, in any way, cause anyprejudice to the rights of the prosecution in establishing the case. 7.1. Further, the petitioners have permanent residence, and hence, there is lesspossibility of absconding. Considering the above as well as the period ofincarceration, and taking note of the fact that there is no previous antecedents againstthe petitioners, and with a view to give an opportunity to the petitioners to reformthemselves, this Court is inclined to grant bail to the petitioners, however, subject tocertain conditions. Accordingly, bail is granted to the petitioners subject to thefollowing conditions:4/8 https://www.mhc.tn.gov.in/judis (i) The petitioner in Crl.O.P.(MD) No.8133 of 2025 shall execute a bond forRs.10,000/- (Rupees Ten Thousand only) along with two sureties [one surety shall bea blood relative] each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) tothe satisfaction of the learned Additional Chief Judicial Magistrate, Madurai,Madurai District. The petitioner in Crl.O.P.(MD) No.8138 of 2025 shall execute abond for Rs.10,000/- (Rupees Ten Thousand only) along with two sureties, each for alike sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learnedAdditional Chief Judicial Magistrate, Madurai, Madurai District;(ii) The sureties shall affix their photographs and left thumb impression in theApplication for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned Additional Chief Judicial Magistrate, Madurai, MaduraiDistrict, shall obtain a copy of any one of identity proofs to ensure their identity;(iii) The petitioners shall furnish their residential address and mobile number tothe learned Additional Chief Judicial Magistrate, Madurai, Madurai Dstrict;(iv) The petitioner in Crl.O.P.(MD) No.8133 of 2025 shall not leave Kerala andthe petitioner in Crl.O.P.(MD) No.8138 of 2025 shall not leave Tamil Nadu withoutprior permission from the learned Additional Chief Judicial Magistrate, Madurai,Madurai District;5/8 https://www.mhc.tn.gov.in/judis (v) The petitioners shall appear and sign before the respondent-police weeklytwice (i.e., on Monday and Friday) at 09.00 a.m., until further orders;(vi) The petitioners shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;(vii) The petitioners shall not commit an offence similar to the offence of whichthey are accused, or suspected, of the commission of which they are suspected;(viii) The petitioners shall not directly or indirectly make any inducement,threat or promise to any person acquainted with the facts of the case so as to dissuadethem from disclosing such facts to the Court or to any police officer or tamper withthe evidence; and (ix) On breach of any of the aforementioned conditions, the learned AdditionalChief Judicial Magistrate, Madurai, Madurai Dstrict, is entitled to pass appropriateorders against the petitioners in accordance with law as if the aforementionedconditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) 13 SCC 283].6/8 https://www.mhc.tn.gov.in/judis

8. Accordingly, these Criminal Original Petitions are allowed subject to theconditions stated supra. sd/- 30/04/2025 / TRUE COPY / 30/04/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023. TSGTO1.The Additional Chief Judicial Magistrate, Madurai, Madurai District.2.The Superintendent, Central Prison, Madurai, Madurai District.3.The Inspector of Police, Samayanallur Police Station, Madurai District.4.The Inspector of Police, Idol Wing CID, Madurai District.5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1. CC to M/S. PRAGALATHAN.N. Advocate SR.No.5222(I) DT.30.04.20257/8 https://www.mhc.tn.gov.in/judis ORDER IN CRL OP(MD). Nos.8133 & 8138 of 2025 Date :30/04/2025 PP/SAR. /02.05.2025/8P/7CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 8/8