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2026 DAILYLAW 58849 (MAD)

Silambarasan, v. UT of Puducherry Represented by The Station House Officer,

/20394/2026 · 2026-07-29

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 20394 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 20394 of 2026 Silambarasan, S/o. Muthukrishnan, No.5, Palvadi Street, Irulansandai, Puducherry-607 402. ..Petitioner(s) Vs UT of Puducherry Represented by The Station House Officer, Sedarapet Police Station, Sedarapet, Puducherry. Crime No.42 of 2026. ..Respondent(s) PRAYER: Criminal Miscellaneous Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioners on bail in the event of arrest by the respondetn police in Cr.No.42 of 2026 on the file of the Respondent Police namely station House Officer, Sedarapet Police Station, Puducherry and thus render Justice. For Petitioner(s): Mr. Sudagar For Respondent(s): MS.G.DJEARANY,OM PRAKASH GOVT.ADVOCATE (PUDUCHERRY) ORDER The petitioner apprehends arrest for the alleged offence under Sections 305 of BNS r/w Section 3(5) of BNS, in Crime No.42 of 2026 on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 20394 of 2026 __________ Page2 of 5 2. The case of the prosecution is that the petitioner committed the theft of a copper coil worth about Rs.5,00,000/-. Hence, the present case. 3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case without any basis. He further submitted that the co-accused was already released on bail and that he is ready to cooperate with the investigation and is ready to abide by any condition imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Puducherry) appearing for the respondent police reiterated the prosecution case and submitted that the stolen property has been recovered and that the petitioner has no previous criminal antecedents. Hence, she opposed to grant anticipatory bail to the petitioner. 5. I have given anxious consideration to the submissions made by the learned counsel on either side. 6. Considering the submissions of the learned counsel for both sides, it is seen that the petitioner has no criminal antecedents and upon the fact that the stolen property has been recovered. In such circumstances, this Court is of the firm view that the custodial interrogation of the petitioner is not required. https://www.mhc.tn.gov.in/judis CRL OP No. 20394 of 2026 __________ Page3 of 5 Hence, this Court is 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 (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.I, Padmanabhapuram, 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 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 for a period of two weeks and thereafter as and when required for interrogation; https://www.mhc.tn.gov.in/judis CRL OP No. 20394 of 2026 __________ Page4 of 5 (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. 29-07-2026 DRL To 1.The Judicial Magistrate No.I, Padmanabhapuram. 2.The Station House Officer, Sedarapet Police Station, Sedarapet, Puducherry. 3.The Public Prosecutor, Puducherry. https://www.mhc.tn.gov.in/judis CRL OP No. 20394 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. DRL CRL OP No. 20394 of 2026 29-07-2026 https://www.mhc.tn.gov.in/judis