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Madras High CourtCRL OP/3355/2026granted

S .Vaishali v. The State Rep. By, The Inspector Of Police,

2026-02-18Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR CRL OP No. 3355 of 2026 S. Vaishali

...Petitioner

Vs The State rep. by The Inspector of Police, K-4, Anna Nagar Police Station, Chennai.

(Cr.No.1246 of 2025) ..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner/Accused No.2 in the event of arrest in Crime No.1246 of 2025 on the file of the respondent police and pass orders.

For Petitioner(s):

Mr. S. Anbazhagan For Respondent(s):

Ms.J.R. Archana, Government Advocate

(Crl.Side)

ORDER

The petitioner who apprehend arrest for the alleged offence under Sections 306 of the BNSS in Crime No.1246 of 2025, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that this petitioner is working under the defacto complainant's company and all the other accused are working in the same company in different capacities. It is alleged that the petitioner and other accused switched of the CCTV Camera and A1 taken away a sum of Rs.27,00,000/-, Laptops, Cell phones SIM cards Keys and documents. Hence the complaint has been lodged.

3. The learned counsel appearing for the petitioner submitted that the petitioner herein arrayed as A2 and A1 and A3 were arrested and they have also stolen cash to the tune of Rs.4.5 lacs. He further submitted that the petitioner has filed an affidavit of undertaking before this Court that without prejudice to her rights she is ready to deposit a sum of Rs.10,00,000/- to the concerned crime number before the learned Chief Metropolitan Magistrate, Egmore. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that A1 and A3 in this case were arrested and they have come forward to deposit a sum of

Rs.4.5 lacs and the remaining amount should be paid by this petitioner. She further submitted that investigation in this case is pending. Hence, she opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the facts of the case; nature of allegation levelled against this petitioner; the petitioner is a lady and the petitioner has come forward to deposit a sum of Rs.10,00,000/- to the credit of concerned Crime number and she has also filed an affidavit to that effect, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is directed to deposit a sum of Rs.10,00,000/- [Rupees Ten Lakhs Only] to the credit of Crime No.1246 of 2025 before the trial Court, on such deposit and production of proof, 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 V Metropolitan Magistrate, Egmore, Chennai 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 learned Magistrate concerned, and on further condition that:

(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 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 report before the respondent police everyday 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 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

18-02-2026 Index: Yes/No Speaking/Non-speaking order SMN

To.

1. The V Metropolitan Magistrate, Egmore, Chennai 2.The Inspector of Police, K-4, Anna Nagar Police Station, Chennai.

.

3. The Public Prosecutor, High Court, Madras

K.RAJASEKAR, J.

smn CRL OP No. 3355 of 2026 18-02-2026