CRL OP No. 16388 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-06-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 16388 of 2026 1. Shagul Hameed 2. S.Alima beevi ..Petitioner(s) Vs The State Rep By, The Inspector of Police E5 Police Station, Sozhavaramm Crime no.264 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on anticipatory bail in the event of arrest on connection with Crime No.264 of 2026 pending investigation on the file of the respondent police. For Petitioner(s): G.Elamaran For Respondent(s): R.S.Indira Government Advocate (Crl.side) ORDER The petitioner apprehends arrest for the alleged offence under Sections 189(2), 115(2), 351(2), 303(2) of B.N.S. in Crime No. 264 of 2026 on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 16388 of 2026 __________ Page2 of 5 2. The case of the prosecution is that petitioners and defacto complainant are landlord and tenant. It is alleged that petitioners along with others committed a theft of 1 ½ sovereign of chain. Hence, the case. 3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that they are ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioners. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the stolen property has not yet been recovered. Hence, he opposed to grant anticipatory bail to the petitioners. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. 6. Considering the facts and circumstances of the case, taking note of the submissions made by the learned counsel on both sides, it is seen that the petitioners and defacto complainant are landlord and tenant and there was a https://www.mhc.tn.gov.in/judis CRL OP No. 16388 of 2026 __________ Page3 of 5 dispute in respect of vacating of property. It appears that the tenant also subsequently vacated the property. Though the learned Government Advocate(Crl.side) objected the application on the ground that he has stolen the property of 1 ½ sovereigns of gold and the same is yet to be recovered, considering the relationship between the petitioners and the defacto complainant namely landlord and tenant and upon the fact that the 2nd petitioner, being a 50 year old woman and the 1st petitioner, being a senior citizen aged about 62 years and there was no serious injury to anyone, at this length of time, this Court is of the view that custodial interrogation of the petitioners is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioners. 7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate-II, Ponneri, on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty 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 petitioners 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; https://www.mhc.tn.gov.in/judis CRL OP No. 16388 of 2026 __________ Page4 of 5 (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 petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of two 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; (e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 29-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nr To: 1. Judicial Magistrate-II, Ponneri, 2. The Inspector of Police E5 Police Station, Sozhavaramm 3.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 16388 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. NR CRL OP No. 16388 of 2026 29-06-2026 https://www.mhc.tn.gov.in/judis