Salamon v. The State Rep By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI Salamon No. 1127, 18th Cross Street, Viveganantha School, Naacheyar Sthiram, Nadukuthagai, Tiruninravur, Tiruvallur-602024 ..Petitioner(s) Vs The State Rep by Inspector of Police T-6, Avadi Police Station, Tiruvallur (Crime No. 10 of 2026) ..Respondent(s) Prayer:- Criminal Original Petition filed under Section 482 of BNSS Act, 2023 to enlarge the petitioner herein on Anticipatory Bail in the event of his arrest in connection with the Crime No. 10 of 2026 on the file of the respondent/police and thus render justice.
For Petitioner(s):
Mr.S.Kingston Jerold For Respondent(s):
Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioner apprehends arrest for the alleged offence under Sections 126(2), 308(2), 351(3) of BNS Act, in Crime No.10 of 2026 on the file of the respondent police seeks anticipatory bail. This is the third anticipatory bail
application. The first anticipatory bail filed in Crl.OP No.1129 of 2026 was dismissed on 21.01.2026 and the second anticipatory bail petition filed in Crl OP No.2936 of 2026 was dismissed on 09.02.2026.
2. The allegation against the petitioner is that the defacto complainant and the petitioner had a business relationship and since the defacto complainant had some dues to be paid to the petitioner, the petitioner has kidnapped the defacto complainant's son and let him of on the same day. However, the petitioner took found 10 sovereigns of gold jewels and a cash of Rs.22,30,000/- from the defacto complainant. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any such offence as alleged by the defacto complainant and he has been falsely implicated in this case and that the occurrence took place on 02.01.2026 and that the FIR was registered on 06.01.2026. 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 with the 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 case and, upon instructions, submitted that though the learned Government Advocate (Crl.Side) would
strongly oppose this anticipatory bail application would submit that this is the third application of the petitioner and that there was a business relationship between them for a quite long time. He further submitted that the co-accused/A1 has been granted anticipatory bail by this Court in Crl OP No.6547 of 2026 dated 13.03.2026.
5. Heard the submissions made by the learned counsel on either side and laso perused the materials available on record.
6. Considering the business relationship between the petitioner and the defacto complainant and also the fact that the complaint was registered on 06.01.2026, and also taking note of the fact that the co-accused/A1 has already been granted anticipatory bail by this Court, hence this application may be considered positively with a stringent condition. Hence, this Court is inclined to enlarge the petitioner 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 made ready, before the learned Judicial Magistrate No.II, Poonamallee, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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 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 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.
06-05-2026 GBI/JAI
To 1.The State Rep by Inspector of Police T-6, Avadi Police Station, Tiruvallur (Crime No. 10 of 2026) 2.the learned Judicial Magistrate No.II, Poonamallee 3.The Public Prosecutor, High Court of Madras.
L.VICTORIA GOWRI, J.
GBI/JAI 06-05-2026