Karuvepillai Gaja @ Gajendiran @ Krishnamoorthy v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO. 1358 of 2026 Karuvepillai Gaja @ Gajendiran @ Krishnamoorthy

...Petitioner

Versus

The State rep. by The Inspector Of Police Vellore North Police Station Vellore, Vellore District.

Crime No.12 of 2026.

Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest pending investigation in Cr.No. 12 of 2026 on the file of the respondent police.

For Petitioner : Mr.Vinodh Kumar For Respondent : Ms.J.R. Archana Government Advocate (Criminal Side) ----

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 308(5), 351(3) of BNS in Crime No. 12 of 2026, on the file of the respondent Police, seeks anticipatory bail.

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2.The allegation against the petitioner is that the petitioner went to the shop of the de-facto complainant and demanded Rs.10,000/- for running the shop in the area, when he was refused to give the amount, the petitioner threatened him with dire consequences. Hence, the complaint has been registered.

3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated and he has not involved any offences for the purpose of statistical purpose, the case has been registered and he is ready to co-operate with the investigation, and therefore, custodial interrogation of the petitioner is not necessary. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submitted that the petitioner is having two previous cases viz., one case u/s.468 of IPC and another case u/s.471 of IPC. He opposed granting anticipatory bail to the petitioner.

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5. Heard the learned counsels and perused the materials available on record.

6. Considering the nature of the allegations, and the facts and circumstances of the case, I am of the view that the custodial interrogation of the petitioner is not necessary to investigate the case of this nature, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.IV, Vellore, on condition that the petitioners 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) If the petitioners fail to surrender before the concerned Magistrate, within a period of fifteen 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 3/6

Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[c]the petitioner shall report before the respondent Police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner 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)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 23.01.2026 MSM 4/6

To 1.The Judicial Magistrate NO.IV, Vellore.

2.The Inspector Of Police Vellore North Police Station Vellore, Vellore District.

Crime No.12 of 2026.

3. The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

MSM Crl.O.P.No. 1358 of 2026 23.01.2026 6/6