Selvam Vs State Represented by The Inspector of Police — Anticipatory Bail | Madras HC (2026)

Selvam Vs State Represented by The Inspector of Police — Anticipatory Bail | Madras HC (2026)

What the court decided

AI extract

Outcome

Anticipatory (pre-arrest) bail granted to the petitioner in Crime No.225 of 2026 subject to eight conditions: bond of Rs.10,000/- with two sureties of like sum before the learned Judicial Magistrate No.I, Gingee (release on arrest or surrender within 15 days); surety identification via Judicial Form No.46; weekly reporting/signing before respondent police every Monday at 10.00 a.m.; availability for interrogation; no inducement, threat, promise, tampering with evidence, or threat to the defacto complainant and witnesses; furnishing residential address and mobile number; breach actionable by the Magistrate/Trial Court per P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

Issue for consideration

Whether anticipatory (pre-arrest) bail should be granted to the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, he having been implicated in Crime No.225 of 2026 for alleged offences under Sections 135(1)(a) and 138(1)(a) of the Electricity Act, 2003.

Court's answer

Custodial interrogation of the petitioner was held unnecessary, considering the facts and circumstances, the nature of the alleged offences, the petitioner's permanent residence and deep roots in society, less possibility of absconding, and absence of any previous case against him; the Court was inclined to grant pre-arrest bail to give him one more opportunity to reform himself.

Ratio / Principle

Pre-arrest bail is granted to the petitioner subject to enumerated conditions.

Key takeaways

Bail is conditional on the petitioner executing a personal bond of Rs.10,000/- with two sureties each for a like sum of Rs.10,000/- to the satisfaction of the learned Judicial Magistrate No.I, Gingee, upon arrest or surrender within 15 days from the date the order copy is made ready; surety identity is to be verified per the Judicial Form No.46 procedure.ratio¶condition (i)
The petitioner shall appear and sign before the respondent police once a week, on every Monday at 10.00 a.m., until further orders, and shall make himself available for interrogation as and when required.ratio¶condition (iii)

Detailed headnote1 paragraphs

Madras High Court (single Judge, R. Sakthivel, J.), Crl.O.P.No.13159 of 2026, order dated 21.05.2026: Anticipatory bail under S.482 BNSS 2023 granted to Selvam (accused in Crime No.225 of 2026, Gingee Police Station, Villupuram District) for alleged offences under Ss.135(1)(a), 138(1)(a) of the Electricity Act, 2003 - alleged clandestine diversion of water from an unmetered agricultural service connection via PVC pipeline to run a commercial brick manufacturing unit, claimed loss of Rs.3,09,000/-. Holding custodial interrogation unnecessary in view of the petitioner's permanent residence, deep roots in society, less possibility of absconding and absence of previous criminal cases, the Court granted pre-arrest bail on conditions including a Rs.10,000/- bond with two like-sum sureties before the Judicial Magistrate No.I, Gingee, and weekly reporting before the respondent police every Monday at 10.00 a.m.; breach is actionable by the Magistrate/Trial Court as per P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

Crl.O.P.No.13159 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2026

CORAM

THE HON'BLE MR. JUSTICE R.SAKTHIVEL

Crl.O.P.No.13159 of 2026

Selvam, S/o. Poongavanam ... Petitioner/Accused

Vs. State rep. by, Inspector of Police, Gingee Police Station, Tindivanam Taluk, Villupuram District. ... Respondent/Complainant (Crime No.225 of 2026)

PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.225 of 2026 on the file of the respondent police.

For Petitioner : Mr. G. Tamil Selvan For Respondent : Mr. A. Gopinath Government Advocate (Criminal Side)

ORDER

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This Criminal Original Petition has been filed by the petitioner on 18.05.2026 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant an order of pre-arrest bail.

The petitioner / Accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 135(1) (a), 138 (1) (a) of The Electricity Act, 2003 in Crime No.225 of 2026 on the file of the respondent police.

3. The case of the prosecution is that on 30.04.2026, during surprise inspection by the Assistant Executive Engineer, it was found that the petitioner being the consumer of Agricultural Electricity Service Connection (without meter), had clandestinely diverted water from his agricultural land through PVC pipeline for the purpose of operating a commercial brick manufacturing unit. Hence, the case.

4. Mr. G. Tamil Selvan, learned counsel appearing on behalf of the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the defacto prosecution and he has been falsely implicated in this case. However, he submits that the petitioner is ready

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to abide by any conditions to be imposed by this Court. He would further submit that no previous case is pending against the petitioner. Hence he prayed to grant an order of pre-arrest bail to the petitioner.

5. Per contra, Mr. A. Gopinath, the learned Government Advocate (Criminal Side) appearing on behalf of the respondent – Police, submits that the petitioner illegally theft the electricity service connection intended for agricultural use and, by diverting it through a PVC pipeline for the purpose of operating a commercial brick manufacturing unit, and thereby, he committed an offence causing loss to the tune of Rs.3,09,000/-.

6. Heard on both sides. This Court has perused the records.

7. Considering the facts and circumstances of the case, the nature of the alleged offences; and that the petitioner has permanent residence and deep roots in society; there is less possibility of absconding; and there is no previous case against the petitioner, this Court is of the view that the custodial interrogation of the petitioner is not necessary; and with a view to give one more opportunity to reform himself, this Court is inclined to grant pre-arrest bail to the petitioner. Accordingly, pre-arrest bail is granted to the petitioner subject to the following conditions:

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(i) The petitioner shall be released on pre-arrest bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate No.I, Gingee, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/(Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate No.I, Gingee.

(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate No.I, Gingee, shall obtain a copy of any one of their identity proofs to ensure their identity.

(iii) The petitioner shall appear and sign before the respondent Police, once in a week i.e., on every Monday at 10.00 a.m., until further orders ;

(iv) The petitioner shall make himself available for interrogation by a police officer as and when required.

(v) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to 4/8

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dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(vi) The petitioner shall also not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence.

(vii) The petitioner shall furnish their residential address and mobile number to the learned Judicial Magistrate No.I, Gingee.

(viii) On breach of any of the aforementioned conditions, the learned Judicial Magistrate No.I, Gingee , or Trial Court, as the case may be, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283] .

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

21.05.2026

Index : Yes/No Internet : Yes/No Neutral citation : Yes/No

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ssi/ksa2

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 official website of this Court will be watermarked and will also have a QR code.

To

The Judicial Magistrate No.I, Gingee.

The Inspector of Police, Gingee Police Station, Tindivanam Taluk, Villupuram District.

The Public Prosecutor, High Court of Madras.

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R.SAKTHIVEL, J.

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21.05.2026

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