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2026 DAILYLAW 49150 (MAD)

Ramesh v. The State Rep. by The Inspector of Police,

CRL OP/17451/2026 · 2026-07-08

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 17451 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17451 of 2026 1. Ramesh S/o.Annamalai, Residing at Pudhu Street, Alamelumangapuram, Vellore 632 009. 2. Mohanakumari W/o.Ramesh, Residing at Pudhu Street, Alamelumangapuram, Vellore 632 009. 3. Sathiyamoorthy S/o.Kuppusamy, Residing at Pudhu Street, Alamelumangapuram, Vellore 632 009. 4. Kuppan S/o.Thangavel, All Residing at Pudhu Street, Alamelumangapuram, Vellore 632 009. ..Petitioner(s) Vs The State Rep. by The Inspector of Police, Sathuvachari Police Station, Vellore District. Crime No.120 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioners on bail in the event of their arrest by the Respondent Police in connection with Crime No.120 https://www.mhc.tn.gov.in/judis CRL OP No. 17451 of 2026 __________ Page2 of 6 of 2026 on the file of The Inspector of Police, Sathuvachari Police Station, Vellore District. For Petitioner(s): Mr.V.Elango For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE) ORDER The petitioners apprehend arrest for the alleged offence under Sections 454 and 380 of the Indian Penal code in Crime No.120 of 2026 on the file of the respondent police seek anticipatory bail. 2. The petitioner and the de facto complainant are brothers. The allegation against the petitioners is that they broke open the house of the defacto complainant, wherein the belongings of the defacto complainant’s parents, namely, cash amounting to Rs.3.20 lakhs and 5 ½ sovereigns of gold jewels, were kept, and committed theft of the same. Hence, a case has been registered. 3. The learned counsel for the petitioners submitted that the alleged occurrence took place on 22.07.2023. However, after investigation, the police had initially closed the FIR. Subsequently, based on the orders passed by the learned Judicial Magistrate, the present FIR came to be registered on 24.06.2026. He further submitted that the petitioner and the de facto complainant are close blood relations and, the petitioners are innocent and they https://www.mhc.tn.gov.in/judis CRL OP No. 17451 of 2026 __________ Page3 of 6 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 articles are yet to be recovered. Therefore, she opposed to grant anticipatory bail to the petitioners. 5. I have given anxious consideration on both side learned counsels and perused the materials available on record. 6. Considering the submissions made by the learned counsel for the petitioner and the fact that the petitioners and the de facto complainant are brothers, coupled with the fact that the alleged occurrence took place on 22.07.2023 and the FIR came to be registered after a considerable delay, this Court is of the view that custodial interrogation of the petitioners may not be necessary. Hence, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions: 7. Accordingly, the petitioners are ordered to be released on anticipatory https://www.mhc.tn.gov.in/judis CRL OP No. 17451 of 2026 __________ Page4 of 6 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-V, Vellore, on condition that the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties, 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; (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 https://www.mhc.tn.gov.in/judis CRL OP No. 17451 of 2026 __________ Page5 of 6 Kerala [(2005) AIR SCW 5560]; (e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 08-07-2026 JRS To 1.The Judicial Magistrate-V, Vellore. 2.The The Inspector of Police, Sathuvachari Police Station, Vellore District. Crime No.120 of 2026 3.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 17451 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. JRS CRL OP No. 17451 of 2026 08-07-2026 https://www.mhc.tn.gov.in/judis