[Cites 5, Cited by 0]
Madras High Court
Vinoth Alias Osaimani vs State Rep. By The Inspector Of Police on 14 May, 2026
CRL OP No. 12676 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL
CRL OP No. 12676 of 2026
Vinoth Alias Osaimani
S/o. Kalaiselvan
1177, Solan Nagar,
Melavasal,
Thiruvarur-614014
..Petitioner(s)
Vs
State rep. by The Inspector of Police
District Crime Branch,
Kallakurichi District.
Crime No. 361 of 2025
..Respondent(s)
Prayer: Criminal Original Petition filed under Section 482 of
B.N.S.S., 2023 to enlarge the Petitioner on bail in the event of his arrest by the
Respondent Police in Crime No. 361 of 2025 on the file of the Respondent
police and thus render justice.
For Petitioner(s): K. Pradeep Raj
For Respondent(s): Mr.A.Gopinath,
Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest in the hands of the respondent
police for the offences punishable under Sections 420, 294(b), 506(i) of IPC in
connection with the Cr. No.361 of 2025, seeks anticipatory bail.
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2.There are totally five accused in this case and the petitioner herein is
arrayed as A4. The case of the prosecution is that all the accused entered into a
criminal conspiracy and cheated the de-facto complainant by not returning the
constructions materials belonging to the de-facto complainant, worth about
Rs.45,00,000/-. Hence the case was registered.
3.Learned counsel appearing for the petitioner submitted that the
petitioner is an innocent person and has been falsely implicated in this case. He
has not committed any offence as alleged in the FIR. He further submitted that
the petitioner’s name does not found place in the FIR and that the occurrence
took place on 02.06.2023, whereas the FIR was registered on 03.09.2025. He
further submitted the petitioner is ready to abide by any conditions that may be
imposed by this Court. Hence, he prayed anticipatory bail for the petitioner.
4.The learned Government Advocate (Criminal Side) appearing for the
respondent police reiterated the prosecution case and submitted that there are no
previous cases pending against the petitioner. He further submitted that a major
part of the investigation in this case has almost been completed. However, he
vehemently opposed to grant anticipatory bail to the Petitioner.
5. Heard both sides and perused the materials available on record.
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6.Considering the rival submissions on either side, the nature of offences,
the fact that there are no previous cases pending against the petitioner, the fact
that the alleged occurrence took place on 02.06.2023, whereas the FIR was
registered on 03.09.2025, and that a major part of the investigation in this case
has almost been completed, I am inclined to grant anticipatory bail to the
petitioner subject to the following conditions.
7. Accordingly, 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 No.II, Kallakurichi 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 learned Magistrate concerned and
on further condition that:
[a] the petitioner shall report before the respondent police daily at
10.00 a.m. until further orders.
[b] the petitioner shall not, directly or indirectly, make any inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade her from disclosing such facts to the Court or to any police officer;
[c] the petitioner shall not leave India without the previous permission of
the Court;
[d] the petitioner shall not abscond either during investigation or trial.
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[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 abscond, a fresh FIR can be registered under
Section 269 B.N.S.2023.
14-05-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
SMN/uma
Note:
1. Registry is directed to forthwith upload this
order in the Official Website of this Court.
2. All concerned to act on this order being
uploaded in Official Website of this Court
without insisting on certified hard copies. To be
noted, this order when uploaded in the official
website of this Court will be watermarked and
will also have a QR code.
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To
1. The Judicial Magistrate No.II, Kallakurichi
2. The Inspector of Police
District Crime Branch,Kallakurichi District.
3.The Public Prosecutor, High Court of Madras
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P.DHANABAL, J.
smn/uma
14-05-2026
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