N Madasamy v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-02-2026
CORAM
THE HON'BLE MR. JUSTICE K. RAJASEKAR N Madasamy ..Petitioner(s) Vs The State Rep By, The Inspector of Police M-5 Ennore Police Station.
Ennore,Thiruvallur District Crime No.454 of 2025 ..Respondent(s) Prayer: This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the Petitioner/Accused-4 on bail, in the event of his arrest by Respondent in Crime No. 454 of 2025, an the file of the Inspector of Police, M-5, Ennore Police station, Ennore, Thiruvallur District. For Petitioner(s):
Mr.M Vimal Bobby Crimson For Respondent(s):
Ms.J.R.Archana, GA (Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 334(2), & 305 of BNS 2023 in connection with the Crime No. 454 of 2025, seeks anticipatory bail.
2. The allegations against the petitioner are that the petitioner joined hands with other accused more particularly, drivers who are used to transport various consumer products clandestinely stolen shoes and dresses from the container sent by the defacto complainant for the purpose of loading it in ship. Hence, the complaint has been registered.
3. Learned counsel for the petitioner submitted that the petitioner is an innocent person, and he has been falsely implicated in this case by the respondent police. He further submit that this Court vide order dated 26.09.2025 in Crl.O.P.No.25027 of 2025, had granted anticipatory bail to the co-accused and therefore, he prays for grant of anticipatory bail to the petitioner.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution's case and submitted that the petitioner has been arrayed as A4 in this case and that the co-accused was already granted anticipatory bail by this Court and she opposed for grant of anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the over tact leveled against this petitioner, the co-accused
has been granted anticipatory bail by this Court and the custodial interrogation of the petitioner is not necessary, I am inclined to grant anticipatory bail to the petitioner, with 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 made ready, before the learned Judicial Magistrate, Thiruvottiyur 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 condition that:
[a] the petitioner shall report before the respondent police daily at 10.30 am., for a period three weeks and thereafter as and when required for interrogation.
[b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence;
[c] the petitioner shall not leave India without the previous permission of the Court;
[d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.
02-02-2026 Index: Yes/No Speaking/Non-speaking order JAI To
1. The Inspector of Police M-5 Ennore Police Station.
Ennore,Thiruvallur District.
2. The Judicial Magistrate, Thiruvottiyur.
3. The Public Prosecutor, High Court of Madras.
K.RAJASEKAR, J.
JAI 02-02-2026