Shankar Murugan vs State Rep.By,
2026 Latest Caselaw 2317 Mad

Citation : 2026 Latest Caselaw 2317 Mad
Judgement Date : 6 May, 2026

[Cites 3, Cited by 0]

Madras High Court

Shankar Murugan vs State Rep.By, on 6 May, 2026

                                                                           CRL OP No. 11419 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                   DATED: 06-05-2026
                                                       CORAM
                                  THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
                                               CRL OP No. 11419 of 2026
                Shankar Murugan M/27
                S/o.Murugan,
                No.318, 6th Street,
                Vaniyambadi,
                Nedhaji Nagar,
                North,
                Vaniyambadi,
                Vellore-635 751.
                                                                                 ..Petitioner(s)
                                                          Vs
                State rep.by,
                The Inspector of Police,
                Vaniyambadi Town Police Station,
                Thirupathur District.
                Cr.No.56 of 2026.
                                                                               ..Respondent(s)

                Prayer:- Criminal Original Petition filed under Section 482 of BNSS Act, 2023
                to grant anticipatory bail to the petitioner in the event of arrest in connection
                with Cr.No.56 of of 2026 pending on the file of the respondent police.
                              For Petitioner(s):       Mr.Sriraam MS

                              For Respondent(s):       Mr.A.Gopinath
                                                       Government Advocate (Crl.Side)


                                                       ORDER

The petitioner, who apprehends arrest for the alleged offence under

Sections 309(4) of BNS @ 309(4), 61(2) and 49 of BNS and subsequently

altered to Sections 311, 61(2) & 49 of BNS corresponding IPC Sections 397,

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120-B & 109, in Crime No.56 of 2026, on the file of the respondent police seeks

anticipatory bail.

2. The case of the prosecution is that the petitioner, along with other

accused, threatened the defacto complainant with a knife and robbed 15 kgs of

silver from him, who is a silver merchant. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the

petitioner’s name does not find place in the First Information Report and that he

has been falsely implicated in this case solely based on the confession

statement. He would further submit that the co-accused/A2, A3 and A4 have

already been enlarged on bail by this Court. Hence the present petition has been

filed seeking anticipatory bail.

4. The learned Government Advocate (Crl.Side) appearing for the

respondent police opposed the anticipatory bail on the ground that the petitioner

has three previous case. However, he fairly submitted that the robbed articles

have been recovered.

5. At this juncture, the learned counsel for the petitioner submitted that

the petitioner, without prejudice to his defense and contention, is ready and

willing to deposit an amount of Rs.20,000/- to any association. Hence, he prays

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for grant of anticipatory bail to the petitioner.

6. I have given anxious consideration to the submissions made by the

learned counsel on either side and also perused the records available.

7. Taking into consideration of the totality of the circumstances, though

the petitioner has three previous cases, since the robbed articles have been

recovered and upon the fact that the co-accused/A2, A3 and A4 have already

been released on bail by this Court in Crl.O.P.Nos.7209, 7871 and 9123 of 2026

dated 23.03.2026, 27.03.2026 and 10.04.2026 respectively, and also taking note

of the fact that the petitioner has come forward to deposit an amount of

Rs.20,000/- to the credit of "Account Name : Tamil Nadu Advocate’s Clerk’s

Association, Account No. 484026006, Branch: Indian Bank High Court, IFSC

No.IDIB000M157”, this Court is inclined to enlarge the petitioner on

anticipatory bail, subject to certain conditions.

8. Accordingly, the petitioner shall pay a sum of Rs.20,000/- (Rupees

Twenty Thousand only) as cost to the Tamil Nadu Advocate’s Clerk’s

Association, Chennai and on such payment, the petitioner is ordered to be

released on bail in the event of arrest or on his appearance, within a period of

fifteen days from the date on which the order copy made ready, before the

learned Judicial Magistrate, Vaniyambadi, on condition that the petitioner

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shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only),

with two sureties each, for a like sum to the satisfaction of the learned

Magistrate concerned, and on further conditions:

(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;

(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;

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

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory 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];