S.Thirumurugan vs The State Rep By, The Inspector Of ...
2026 Latest Caselaw 2397 Mad

Citation : 2026 Latest Caselaw 2397 Mad
Judgement Date : 7 May, 2026

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Madras High Court

S.Thirumurugan vs The State Rep By, The Inspector Of ... on 7 May, 2026

                                                                           CRL OP No. 11700 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                   DATED: 07-05-2026
                                                       CORAM
                                  THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
                                               CRL OP No. 11700 of 2026

                S.Thirumurugan
                                                                                    ..Petitioner
                                                          Vs
                The State Rep by,
                The Inspector of Police,
                Mailam Police Station,
                Villupuram District.
                (Crime No. 135 of 2026
                                                                                  ..Respondent

                Prayer:- Criminal Original Petition filed under Section 528 of B.N.S.S., to
                release the petitioner on anticipatory bail in the event of his arrest in Crime
                No.135 of 2026 pending on the file of the respondent police.


                              For Petitioner(s):       Mr.T.Elumalai


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


                                                       ORDER

The petitioner apprehends arrest for the alleged offence under Section

303 of BNS, in Crime No.135 of 2026 on the file of the respondent police seeks

anticipatory bail.

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

accused committed theft of one goat belonged to the complainant. Hence, the

case.

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

petitioner is innocent and he has been falsely implicated in this case. Hence, he

prays for grant of anticipatory bail to the petitioner.

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

respondent, while opposing the grant of anticipatory bail, reiterated the

prosecution case and, on instructions, he would further submit that the value of

the goat is Rs.15,000/- and that the property has been recovered. He added that

there is no previous case pending against the petitioner.

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

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

willing to deposit of Rs.5,000/- to any charity. Hence, he prays for grant of

anticipatory bail to the petitioner.

6. Heard both sides and perused the materials available on record.

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7.Considering the facts and circumstances of the case, the submissions

made by the learned counsels on either side, this Court is inclined to grant

anticipatory bail to the petitioner with certain conditions.

8.Accordingly, the petitioner is ordered to be released on anticipatory bail

on his executing 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 Judicial

Magistrate No.II, Tindivanam at Villupuram District, and on further

conditions that:

[a] 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 the identity proofs to ensure their identity;

[b] The petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) (Non refundable) towards the account 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 to produce the Bank Challan before the Judicial Magistrate No.II, Tindivanam at Villupuram District and the receipt shall be produced at the time of executing the bond;

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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; thereafter as and when required for interrogation;

[d] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [f] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];