Sakthivel v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Sakthivel ... Petitioner Vs.

State rep. by Inspector of Police, Pennagaram Police Station, Dharmapuri District.

... Respondent (Crime No.16 of 2026) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest pending investigation in Crime No.16 of 2026 on the file of the respondent police.

For Petitioner :

M/s.Radha Pandian For Respondent :

Ms.J.R.Archana Government Advocate (Crl. Side)

O R D E R

The petitioner apprehends arrest for the alleged offence under Sections 331(4), 305(a) of BNS Act, 2023 in Crime No.16 of 2026, on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner was 1/4

involved in theft of 5 sovereigns of gold jewels worth about Rs.1,25,000/-. Hence, a case has been registered.

3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case due to previous enmity. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for 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's case and upon instructions submitted that so far, no property has been recovered in this case. Hence, she opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case; and taking note of the submission made by the learned Government Advocate (Crl.Side); the nature of allegations levelled against the petitioner; and though it is stated that the petitioner is not having previous cases, no property has been recovered so far, this Court is of the view that if the petitioner is granted anticipatory bail it would hamper the investigation including recovery of the property. Hence, this Court is not inclined to grant anticipatory bail to the petitioner. 2/4

6. Accordingly, this Criminal Original Petition stands dismissed. 11.02.2026 ssi To 1.The Inspector of Police, Pennagaram Police Station, Dharmapuri District.

2.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR , J.

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