Anandh Vs The State Rep by the Inspector of Police

Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 to enlarge the petitioner on anticipatory bail in the event of his arrest in respect of Crime No.95 of 2026 on the file of the respondent, pending investigation.

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For Petitioner :	Mr.V.Muthupandi
For Respondent(s):	Mrs.R,S,Indira
	Government Advocate (Crl.Side)

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ORDER

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The petitioner/A2, who apprehends arrest for the alleged offence punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 in Crime No.95 of 2026 , on the file of the respondent police seeks anticipatory bail.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 19736 of 2026

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The allegation against the petitioner is that the petitioner, along with other accused committed the theft of steel rods suspected to have been removed from a bridge construction site and attempted to transport the same in a Tata Ace vehicle bearing Registration No.TN-46-AC-1501. Hence, the case.

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The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and he is ready to cooperate for investigation. Hence, he prays to grant anticipatory bail to the petitioner.

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The learned Government Advocate (Crl.Side) appearing for the respondent police opposed the anticipatory bail application by reiterating the prosecution case and fairly submitted that the steel rods have been recovered and that the petitioner has no criminal antecedents.

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From the submissions made by the learned Government Advocate, Criminal Side, it is seen that the steel rods have been recovered by the respondent police and that the petitioner has no criminal antecedents.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 19736 of 2026

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In such view of the circumstances, this Court is of the firm view that

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the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail with certain conditions.

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Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate – II, Perambalur, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 dismissed and on further conditions that:

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[a] If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

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[b] 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 Magistrate shall obtain a copy of any one of identity proofs to ensure their identity;

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 19736 of 2026

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[c] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;

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[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

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[e] the petitioner shall not abscond either during investigation or trial.

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[f] 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];

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[ g ] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

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23.07.2026

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smv

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 19736 of 2026