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2026 DAILYLAW 8288 (MAD)

Prasanth v. The State Represented by

/6605/2026 · 2026-03-13

C Kumarappan

Transfer Petitionbody2026

Judgment text

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Crl.O.P.No.6605 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.03.2026 CORAM THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Crl.O.P.No.6605 of 2026 Prasanth ... Petitioner Vs. The State Represented by The Inspector of Police, Somangalam Police Station, Tambaram District. ... Respondent (Crime No.52 of 2026) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest pending investigation in Crime No.52 of 2026 on the file of the respondent police. For Petitioner : Mr.R.Parthiban For Respondent : Mr.P.Dhileepan Government Advocate (Crl. Side) O R D E R The petitioner, who apprehends arrest for the alleged offence under Sections 305, 331(4) of BNS (380, 457 of IPC) in Crime No.52 of 2023, on the file of the respondent police seeks anticipatory bail. 2. The allegation against the petitioner is that the petitioner stolen electronic motors and electrical cables. Hence, the case. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.6605 of 2026 3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any such offence as alleged by the defacto complainant and he has been falsely implicated in this case. He further submitted that co-accused/A1 and A2 have already been enlarged on bail and that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate with the investigation. Hence, he prays to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, he would submit that the petitioner involved in the said offence and stolen electric motors and electric cables and copper wire worth about Rs.43,000/-. However, he would fairly admit that the co-accused have already been released on bail and no previous case has been registered against him. However, he opposed to grant anticipatory bail to the petitioner. 5. Heard the submissions made by the learned counsel on either side and also perused the materials available on record. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.6605 of 2026 6. Considering the factual position, this Court is of the view that taking into consideration of the registration of the First Information Report on 21.01.2026 at this length of time no custodial interrogation of the petitioner is required and that the release of other co-accused and the position of the petitioner as a Site Manager in a private company and no previous cases have been registered against him, this Court is inclined to enlarge him on anticipatory bail, subject to certain conditions. 8. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Sriperumbathur, 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 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 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.6605 of 2026 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 sign before the respondent police daily at 10.30 a.m., and 5.30 p.m., for a period of sixty days and thereafter, as and when required for interrogation; and that no relaxation petition will be entertained for a period of thirty days; (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. 13.03.2026 ssi To: 1.The Judicial Magistrate, Sriperumbathur. 2.The Inspector of Police, Somangalam Police Station, 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.6605 of 2026 Tambaram District. 3.The Public Prosecutor, High Court of Madras. C.KUMARAPPAN,J., ssi 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.6605 of 2026 Crl.O.P.No.6605 of 2026 13.03.2026 6/6 https://www.mhc.tn.gov.in/judis