Citation : 2026 Latest Caselaw 2639 Mad
Judgement Date : 20 May, 2026
CRL OP(MD). No.9432 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 20/05/2026
PRESENT
The HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
CRL OP(MD). No.9432 of 2026
Santhi ... Petitioner/Accused
Vs
The State of Tamilnadu represented by
The Inspector of Police,
SIPCOT Police Station,
Thoothukudi District.
(Crime No.330 of 2026) ... Respondent/Complainant
For Petitioner : Mr.S.Deepaksiva
For Respondent : Mr.A.Albert James,
Government Advocate (Crl. Side)
For Intervenor : Mr.Mohammed Yunnis
PETITION FOR ANTICIBATORY BAIL Under Sec.482 of BNSS
PRAYER :-
For Anticipatory Bail in Crime No.330/2026 on the file of the
respondent Police.
1/6
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.9432 of 2026
ORDER :
The Court made the following order :-
The petitioner / accused, who apprehends arrest at the hands of the
respondent police for the offence punishable under Section 305(a) of
BNS, in Crime No.330 of 2026 on the file of the respondent police, seeks
anticipatory bail.
2. The case of the prosecution is that the defacto complainant is
residing in a house belongs to the petitioner and that on 20.04.2026, the
defacto complainant, on suspecting that the petitioner had stolen a gold
chain from her grand daughter, lodged a complaint. Hence, the case.
3. The learned counsel appearing for the petitioner would submit
that the petitioner is innocent and she has not committed any offence as
alleged by the prosecution. Hence, he seeks anticipatory bail to the
petitioner.
4. The learned Government Advocate (Criminal Side) appearing
for the respondent police would submit that the property was not
recovered and the investigation is pending and that the petitioner is not
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having any previous cases. Therefore, he opposed for grant of
anticipatory bail to the petitioner.
5. The learned counsel appearing for the defacto complainant
would submit that the gold chain worth about Rs.40,000/- was not
recovered.
6. Considering the nature of the allegations levelled against the
petitioner and also the fact that the petitioner is not having any previous
cases, this Court is inclined to grant anticipatory bail to the petitioner
subject to certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in
the event of arrest or on her appearance, 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 Judicial Magistrate No.III, Thoothukudi, within a period of
fifteen days from the date of receipt of a copy of this order and on further
conditions that:
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[a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;
[b] the petitioner shall report before the respondent police once in a month i.e., on the first day of every English calendar month at 10.30 a.m., until further orders;
[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial;
[d]the petitioner shall not abscond 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 is 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 BNS.
(R V J) 20.05.2026 CSM
https://www.mhc.tn.gov.in/judis
TO
1.The Judicial Magistrate No.III, Thoothukudi.
2.The Inspector of Police, SIPCOT Police Station, Thoothukudi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR,J
CSM
ORDER IN
Date : 20/05/2026
https://www.mhc.tn.gov.in/judis
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