CRL OP No. 20067 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 20067 of 2026 Gunasekaran ..Petitioner Vs State Rep By, The Inspector of Police, Mecheri Police Station, Salem District. [Cr.No.121 of 2026] ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest at the hands of the respondent pending investigation in Cr. No. 121 of 2026 on the file of the respondent police. For Petitioner: Mr.S. Senthilvel For Respondent: Ms.R.S.Indira Government Advocate (Criminal Side) ORDER The petitioner apprehends arrest for the alleged offence under Sections 331(4) & 62 of B.N.S. and subsequently altered to Sections 312 & 310 (4) of B.N.S. (399, 398 of I.P.C.) in Crime No.121 of 2026 on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 20067 of 2026 __________ Page2 of 6 2. The case of the prosecution is that on 28.03.2026, wherein the petitioner along with 7 other accused persons attempted house breaking by night and tried to open the entrance door of the de-facto complainant’s house with an iron rod. At that time, the de-facto complainant and his wife raised an alarm, and the petitioner along with the other accused immediately fled from the spot. Originally, the case was registered under Section 331(4) and 62 of BNS, 2023, and subsequently altered into Sections 312 and 310(4) of BNS, 2023. Hence, the case. 3. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution's case and submitted that there are no adverse antecedents against the petitioner. She also fairly submitted that the other co-accused persons have already been released on bail and anticipatory bail. However, she opposed the grant of anticipatory bail to the petitioner. 5. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record. https://www.mhc.tn.gov.in/judis CRL OP No. 20067 of 2026 __________ Page3 of 6 6. Considering the submissions made by the learned Government Advocate (Criminal Side) that there are no adverse antecedents against the petitioner, and noting that co-accused (A9) was granted bail on 29.04.2026 in Crl.O.P.No.10408 of 2026; co-accused (A7 & A8) were granted bail on 30.04.2026 in Crl.O.P.No.11250 of 2026; co-accused (A1, A2, A3, A5 & A6) were granted bail on 07.05.2026 in Crl.M.P.No.1100 of 2026; co-accused (A10) was granted bail on 21.05.2026 in Crl.M.P.No.1204 of 2026; and co-accused (A4) was granted anticipatory bail on 21.05.2026 in Crl.O.P.No.13148 of 2026, this Court is of the firm view that the custodial interrogation of the petitioner is not required at this stage. Accordingly, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain 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 (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.II, Mettur on condition that the petitioner shall execute a 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 petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the https://www.mhc.tn.gov.in/judis CRL OP No. 20067 of 2026 __________ Page4 of 6 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 petitioner shall report before the respondent Police, daily 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 27-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VEDA https://www.mhc.tn.gov.in/judis CRL OP No. 20067 of 2026 __________ Page5 of 6 To 1.Judicial Magistrate No.II, Mettur. 2.The Inspector of Police, Mecheri Police Station, Salem District. 3.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 20067 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. VEDA CRL OP No. 20067 of 2026 27-07-2026 https://www.mhc.tn.gov.in/judis