← Library
Madras High CourtCRL OP/1047/2026granted

Samikannu v. State Rep.By, The Sub Inspector Of Police,

2026-01-19Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Samikannu S/o.Muthu, 54, Kamarajar Street, Thailavaram, Maraimalai Nagar, Guduvancherry, Kancheepuram District. and another

2. Karthick S/o.Sellaiah, 292/1, Muslim Street, Sevalur, Pudukkottai District.

Petitioner(s) Vs

1. State rep.by, The Sub Inspector of Police, Manimangalam Police station, Tambaram District. Cr.No.414/2025.

Respondent(s) PRAYER To enlarge the petitioner on bail in the event of arrest and pending investigation in the above Cr.No.414 of 2025, on the file of the Sub Inspector of Police, Manimangalam Police Station, Tambaram District. For Petitioner(s):

M/s.R.Shriharan For Respondent(s):

M/S.J.R.Archana Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 303(2) of BNS in Crime No. 414 of 2025, seeks anticipatory bail.

2. The allegation against the petitioners is that they joined hands with other accused and taken away the gold jewels which were being carried by the de facto complainant for the purpose of marriage. Hence, the complaint has been lodged.

3. The learned counsel for the petitioners submitted that the petitioners are ranked as A2 and A3, the property has already been recovered, the petitioners have no previous cases, and they are ready to cooperate with the investigation. Hence, he prays for the grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the gold jewels in possession of A1 were converted into Rs. 19 lakhs in cash, and Rs. 19 lakhs in cash was recovered, and A1 was arrested and released on bail. She further submitted that the investigation in this case is pending. Hence, she

opposed the grant of anticipatory bail to the petitioners.

5. Considering the fact that the stolen property in this case was recovered in cash from A1, the arrested accused has been released on bail, and the petitioners have no previous cases, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Sriperumbudur, on condition that the petitioner shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition: (a) If the petitioners 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 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 petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of three 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 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 v. State of Kerala [(2005) AIR SCW 5560];

(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

19-01-2026 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Judicial Magistrate, Sriperumbudur.

2.State rep.by, The Sub Inspector of Police, Manimangalam Police station, Tambaram District. Cr.No.414/2025.

3.The Public Prosecutor High Court, Madras.

K.RAJASEKAR J.

mpa CRL OP No. 1047 of 19-01-2026