Citation : 2026 Latest Caselaw 2379 Mad
Judgement Date : 7 May, 2026
Crl.O.P.No.11870 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.05.2026
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
Crl.O.P.No.11870 of 2026
Suresh ... Petitioner
Vs.
The State represented by,
The Inspector of Police,
Pernambut Police Station,
Pernambut, Vellore District.
(Crime No.113 of 2026) ... Respondent
PRAYER: Criminal Original Petition is filed under Section 482 of
Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in
the event of his arrest in Crime No.113 of 2026 pending investigation on
the file of the respondent police.
For Petitioner : Mr.Vinodh Kumar
For Respondent : Mr.A.Gopinath
Government Advocate (Criminal Side)
ORDER
The petitioner, who apprehends arrest at the hands of the
respondent police for the offences punishable under Section 303(2) of
BNS, in Crime No.113 of 2026 on the file of the respondent police, seeks
anticipatory bail.
https://www.mhc.tn.gov.in/judis
2. The case of the prosecution is that the accused illegally
transported 400 stones without valid permits in an Ashok Leyland lorry,
bearing registration No.KA 53 AB 2712. Hence the case.
3. Learned counsel appearing for the petitioner submitted that the
petitioner is innocent and a false complaint has been given against him.
He also submitted that the petitioner is ready to abide by any stringent
conditions that may be imposed by this Court. Hence, he prayed for the
grant of anticipatory bail to the petitioner.
4. Learned Government Advocate (Criminal Side) appearing for
the respondent police reiterated the prosecution case and opposed for the
grant of anticipatory bail to the petitioners. He further submitted that
there is no previous case against the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the above facts and circumstances of the case and
the nature of the allegation and the submission made by the learned
counsel for the petitioner, this Court is inclined to grant anticipatory bail
to the petitioner with certain conditions.
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7. Accordingly, the petitioner is directed to deposit a sum of
Rs.3,000/-(Rupees Three Thousand only) (Non-refundable) to the
credit of CANCER INSTITUTE (WIA), Adayar, Savings Bank
Account maintained at Andhra Bank, Madhya Kailash Branch,
Cancer Institute(WIA), Dr.S.Krishnamurthi Campus, Sardar Patel
Road, Chennai-36, bearing SB Account No.149710011005477, IFS
Code No. ANDB0001497, Branch Name and Code 1497, MICR
No.600011049, and on such deposit and production of proof before the
satisfaction Court, 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, Gudiyatham, on condition that the petitioner 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 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 condition that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
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[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of one month and thereafter, as and when required further interrogation;
[c] the petitioner shall not abscond during during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[e] 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
07.05.2026 ham Note:
1. Registry is directed to forthwith upload this order on the Official Website of this Court.
2. All concerned to act on this order being uploaded on Official Website of this Court without insisting on certified hard copies. To be noted, this order, when uploaded on the official website of this Court, will be watermarked and will also have a QR code.
https://www.mhc.tn.gov.in/judis
To
1. The Judicial Magistrate, Gudiyatham.
2. The Inspector of Police, Pernambut Police Station, Pernambut, Vellore District
3. The Public Prosecutor, High Court, Madras.
https://www.mhc.tn.gov.in/judis
L.VICTORIA GOWRI, J.
ham
07.05.2026
https://www.mhc.tn.gov.in/judis
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