Vijayabalan v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.02.2026
CORAM
THE HONOURABLE MR. JUSTICE K.RAJASEKAR Vijayabalan ... Petitioner Vs.
The State Rep. By, The Inspector of Police, Vedaranyam Police Station, Nagapattinam District.
Crime No.33 of 2026 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.33 of 2026 on the file of the respondent police.
For Petitioner :
Mr.Palanivel Nadimuthu For Respondent :
Ms.J.R.Archana Government Advocate (Crl. Side) 1/6
O R D E R
The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 318(4) of BNS, 2023 in Crime No.33 of 2026, on the file of the respondent Police, seeks anticipatory bail.
2. The allegation against the petitioner is that the petitioner is the jewelry shop owner and the defacto complainant has approached the jewelry shop and purchased 3 grams of gold amulet and however later found that the jewelry contain 1/3rd copper. Hence, the case has been registered.
3. The learned counsel for the petitioner submitted that the copper is mixed only to a small extent, however defacto complainant has lodged a false and exaggerated complaint as if 1/3rd copper is mixed. He further submitted that to prove his bonafide, petitioner is ready to deposit the value of 1 gm of gold into the credit of Crime No.33 of 2026. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that investigation is pending and there is no 2/6
previous case, however he opposed for grant of anticipatory bail to the petitioner.
5. Considering the nature of allegations and it is a case of cheating by mixing copper in the gold and the petitioner is willing to deposit money to the value of the gold, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, the petitioner is directed to deposit a sum of Rs.15,000/- to the credit of Crime No.33 of 2026 and on such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned District Munsif Cum Judicial Magistrate, Vedaranyam 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] if the petitioner fails to surrender before the concerned Magistrate within a period of ten days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
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[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 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. 19.02.2026 sma 4/6
To
1. District Munsif Cum Judicial Magistrate, Vedaranyam 2.The Inspector of Police, Vedaranyam Police Station, Nagapattinam District.
3.The Public Prosecutor, High Court of Madras.
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K.RAJASEKAR, J.
sma 19.02.2026 6/6