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Madras High CourtCRL OP/5949/2026granted

Sellamuthu @ Chellamuthu (Male, Age 45 Years), v. State Rep By The Inspector Of Police,

2026-03-09Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2026

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Sellamuthu @ Chellamuthu ... Petitioner Vs.

State Rep. By The Inspector of Police, Udumalpet Police Station, Tiruppur District.

... Respondent (Crime No.24 of 2026) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest pending investigation in Crime No.24 of 2026 on the file of the respondent police.

For Petitioner :

Mr.A.M.Natraj For Respondent :

Mr.P.Dhileepan Government Advocate (Crl. Side)

O R D E R

The petitioner, who apprehends arrest for the alleged offence under Sections 191(2), 126(2), 296(b), 351(2) of the Bharatiya Nyaya Sanhita (BNS) Act, 2023 and Section 5 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 in Crime No.24 of 2026, on the file of the respondent police seeks anticipatory bail. 1/6

2. The case of the prosecution is that the petitioner, along with their associates, waylaid the lorry and demanded an increase in poultry rearing charges, obstructed the transportation of chicks from the hatchery to the poultry farm, damaged vehicles, and threatened that no chicks should be transported without their permission. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. 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 the petitioner has got no criminal bad antecedents. However, he strongly opposed to grant anticipatory bail to the petitioner.

5. Heard the submission made by the learned counsel on either side and perused the materials available on record.

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6. From the submission of the learned Government Advocate (Crl.Side) even according to the First Information Report, only on the instigation of A6, the other accused have committed the offence. Whereas, even according to the learned Government Advocate (Crl.Side) A6 has already been enlarged on anticipatory bail by the learned Principal Sessions Judge, Tiruppur. Apart from that he would submit that by the order of this Court passed in Crl.O.P.No.3993 of 2026 dated 18.02.2026, the co-accused have been released on anticipatory bail. Such factum has not been seriously disputed by the learned Government Advocate (Crl.Side). In such view of the position, this Court would like to show the parity as that of his co-accused. Hence, the petitioner is enlarged on anticipatory bail subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory 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-I, Udumalpet, Tiruppur District, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Ffiteen 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 3/6

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 dailyy 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 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.

09.03.2026 ssi 4/6

To:

1.The Judicial Magistrate-1, Udumalpet, Tiruppur District.

2.The Inspector of Police, Udumalpet Police Station, Tiruppur District.

3.The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN , J.

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