Saravanan Vs State Rep. by

PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail in the event of his arrest in Crime No.41 of 2026 pending investigation on the file of the respondent police, and thus render justice.

¶12

For Petitioner(s): T Dhasarathan For Respondent(s): M/S.J.R.Archana Government Advocate (Crl.Side)

¶13

ORDER

¶14

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 305(a) and 331(4) of BNS (380 and 457 of IPC) in Crime No. 41 of 2026, seeks anticipatory bail.

¶15

Page1 of 4

¶16

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

¶17

CRL OP No. 4557 of 2026

¶18

The allegation against the petitioner is that the petitioner was involved

¶19

in stealing of temple articles by joining hands with other accused worth about Rs.5,000/-. Hence, the complaint.

¶20

The learned counsel for the petitioner would submit that the property

¶21

has already been recovered, and the petitioner is not having any previous case. Therefore, he prays to grant anticipatory bail to the petitioner.

¶22

The learned Government Advocate (Crl.Side) would submit that the property has already been recovered from the arrested accused, and the petitioner is not having any previous case and the investigation in this case is pending. Hence, she opposed to grant anticipatory bail to the petitioner.

¶23

Considering the fact that the property has already been recovered from the arrested accused and the petitioner is not having any previous case, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

¶24

Accordingly, the petitioner is ordered to be released on 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 made ready, before the learned Judicial Magistrate, Omalur, Salem District, on condition that the petitioner shall execute a bond

¶25

for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and

¶26

Page2 of 4

¶27

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

¶28

CRL OP No. 4557 of 2026

¶29

on further condition:

¶30

(a) If the petitioners fails to surrender before the concerned 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;

¶31

(b) 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 identify proofs to ensure their identity;

¶32

(c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;

¶33

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

¶34

(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

¶35

24-02-2026

¶36

MPA

¶37

__________ Page3 of 4

¶38

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

¶39

CRL OP No. 4557 of 2026

K.RAJASEKAR, J.

MPA

To

1.The Judicial Magistrate, Omalur, Salem District. 2.State Rep. by, The Inspector of Police, Deevattipatti Police Station, Salem District. Crime No.41 of 2026

¶44

3.The Public Prosecutor, High Court, Madras.

¶45

CRL OP No. 4557 of 2026

¶46

24-02-2026

¶47

__________ Page4 of 4

¶48

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