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Madras High CourtCRL OP/4586/2026granted

G.Periyadurai v. State Represented By The Inspector Of Police,

2026-02-25Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.4586 of 2026 G.Periyadurai ... Petitioner Vs.

State Represented by:

The Inspector of Police, Nettapakkam Police Station, Nettapakkam, Puducherry.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to grant anticipatory bail to the petitioner/A2 in the event of petitioner's arrest in Cr.No.0036 of 2025 on the file of the respondent police and the petitioner abid all such terms and condition imposed on the petitioner as this Lordship to surrender before Hon'ble Judicial Magistrate-I at Pondicherry.

For Petitioner : Mr.M.Jayachandran For Respondent : Mr.M.V.Ramachandra Murthy, Public Prosecutor, (Puducherry)

ORDER

The petitioner, who apprehends arrest for the alleged offence under Sections 305(a), 317(2) BNS r/w Section 3(5) of BNS, 2023 in Cr.No.0036 of 2025 on the file of the respondent police, seeks anticipatory bail. 1/5

2. The allegation against the petitioner is that he joining hands with other accused, involved in stealing of various machine cables and other materials worth about Rs.27,720/-. which led to registration of the case. Hence, the present petition has been filed seeking anticipatory bail.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case, based on the confession statement recorded from the arrested co-accused and there was also a delay in lodging the FIR. He further submitted that the petitioner is not having any previous case. He further submitted that the petitioner is ready to cooperate for the investigation and also ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Public Prosecutor (Puducherry), appearing for the respondent police, reiterated the prosecution case and submitted that the petitioner is not having any previous case and the property was recovered in this case. However, he vehemently opposed the grant of anticipatory bail.

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

6. Considering the nature of allegations, the petitioner is not having any previous case and the property was recovered in this case, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 2/5

7. Accordingly, 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, before the learned Judicial Magistrate-I, Pondicherry 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 daily 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on 3/5

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.

25.02.2026 Vv To 1.The Judicial Magistrate-I, Pondicherry 2.The Inspector of Police, Nettapakkam Police Station, Nettapakkam, Puducherry.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

4/5

K.RAJASEKAR , J.

Vv Crl.O.P.No.4586 of 2026 25.02.2026 5/5