Amarchand.L v. The State Rep. By The Inspector Of Police (Crime Branch)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Amarchand. L.

... Petitioner Vs.

The State represented by The Inspector of Police (Crime Branch), T-1, Police Station, Ambattur District, Chennai - 600 012.

(Crime No. 720 of 2022) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on anticipatory bail in the event of arrest pending investigation in Crime No.720 of 2022 dated 24.10.2022 on the file of the respondent police. For Petitioner : Mr. S. Gopinath For Respondent : Mr. P. Dhileepan Government Advocate (Crl.Side)

O R D E R

The petitioner apprehends arrest for the alleged offence under Sections 380 and 414 r/w Section 34 of IPC in Crime No.720 of 2022 on the file of the respondent police seeks anticipatory bail.

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2. The learned counsel for the petitioner would submit that the present anticipatory bail petition has been filed in respect of an FIR registered on 24.10.2022 under Section 380 IPC. He further submitted that even after the registration of the FIR, the petitioner visited the police station in connection with another case in Crime No. 56 of 2026. When the petitioner visited the police station on 14.02.2026, the police personnel in the station allegedly demanded 80 grams of jewels, as if he had received the stolen property from the accused in Crime No. 56 of 2026.

2.1 It is the contention of the petitioner that he has not received any stolen property and that since he refused to comply with such illegal demand, the police are now attempting to arrest him in respect of the FIR registered in the year 2022. Hence, he prayed that the petitioner be enlarged on anticipatory bail.

3. The said contention was stoutly objected to by the learned Government Advocate appearing for the respondent and would contend that the petitioner had received the stolen goods from the accused and that the investigation is pending.

4. I have given my anxious consideration to either side submission. 2/5

5. On perusal of the facts, it is seen that the FIR was registered on 24.10.2022 against this petitioner under Section 380 IPC. Since then, there has been no necessity for the respondent to arrest the petitioner. Further, there are no previous cases against the petitioner except the present one registered against him.

6. In such view of the matter, this Court is of the firm view that there are no valid grounds for custodial interrogation of the petitioner at this length of time. Accordingly, this Court deems it appropriate to enlarge the petitioner on anticipatory bail. Hence, he is enlarged on bail, subject to certain conditions.

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 is made ready, before the learned Judicial Magistrate, Ambattur, 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 conditions:

(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order 3/5

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 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

02.03.2026 AT To 1.The Judicial Magistrate, Ambattur.

2.The Inspector of Police (Crime Branch), T-1, Police Station, Ambattur District, Chennai - 600 012.

3.The Public Prosecutor, High Court of Madras. 4/5

C.KUMARAPPAN.J.

AT Crl.OP.No.5182 of 2026 02.03.2026 5/5