Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 62403 (MAD)

Ramesh Raja v. State rep. by The Inspector of Police

CRL OP/21672/2026 · 2026-08-06

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 21672 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 21672 of 2026 Ramesh Raja S/o.Ramalingam, Manaraja Kovil Street, Tisaiyanvilai, Tirunelveli District. ..Petitioner(s) Vs State rep. by The Inspector of Police, Vellavedu Police Station, Thiruvallur. Crime No.80 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 their arrest in Crime No.80 of 2026 on the file of the respondent police on such terms and conditions as this Honble Court may deem fit and proper and thus render justice. For Petitioner(s): MR. R.Parthiban For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE) ORDER The petitioner apprehends arrest for the alleged offence under Section 305 of BNS, in Crime No.80 of 2026 on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 21672 of 2026 __________ Page2 of 5 2. The allegation against the petitioner is that along with other accused, he committed the theft of 400 square metres of sheath bonding material and 945 metres of copper and insulated cable. Based on the CCTV footage, the complaint was registered against the petitioner. Hence, the case. 3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the co-accused/A1 has already been released on bail. He further submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, she prays for grant of anticipatory bail to the petitioner. 4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that though the petitioner has no criminal antecedents, there has been only a partial recovery of the stolen property. Hence, he opposed the grant of anticipatory bail to the petitioner. 5. Taking into consideration the submissions made by the learned Government Advocate (Criminal Side) and the totality of the circumstances, including the facts that the alleged occurrence took place on 08.03.2026, the co- accused (A1) has already been released on bail, and the petitioner has no https://www.mhc.tn.gov.in/judis CRL OP No. 21672 of 2026 __________ Page3 of 5 criminal antecedents, this Court is of the firm view that at this length of time, the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions 6. 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 Court No.II, Poonamallee, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties, 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 am for a period of two weeks and thereafter as and when required; https://www.mhc.tn.gov.in/judis CRL OP No. 21672 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. 06-08-2026 DRL To 1.The Judicial Magistrate Court – II, Poonamallee. 2.The Inspector of Police, Vellavedu Police Station, Thiruvallur. 3.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 21672 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. DRL CRL OP No. 21672 of 2026 06-08-2026 https://www.mhc.tn.gov.in/judis