Augustin v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Augustin S/o.Thavehuraj, No. 1200, Ramar Kovil Street, Pappanchatram, Sembarambakkam, Tiruvallur, Tamil Nadu 600 123.

..Petitioner(s) Vs State Rep by Inspector of Police T-16, Nazarethpet Police Station, Chennai 600123.

(Cr.No. 2 of 2026) ..Respondent(s) Criminal Original Petition filed under Section 482 of BNSS, praying to enlarge the petitioner on bail in the event of his arrest in crime No.2 of 2026 on the file of the Inspector of police. T 16, Nazarethpet Police Station, Chennai and thus render justice.

For Petitioner(s):

Mr.S.Lal Devasagayam For Respondent(s):

Mr.N.Palanivel, Govt Advocate (Crl Side) for Respondent ******

ORDER

The petitioner who apprehends arrest for the alleged offence under Sections 316(2), 318(4), 351(2), 296(b) of BNS, 2023 in Crime No.2 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The petitioner and the de facto complainant are close relatives. The allegation against the petitioner is that he received 15 sovereigns of gold jewellery with a promise to return the same, but thereafter failed to do so. When the de facto complainant demanded the return of the jewellery, the petitioner is alleged to have abused her using filthy language. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that he is ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the occurrence took place from 21.06.2025 to 13.10.2025 and that the petitioner received 15 sovereigns of gold jewellery from the defacto complainant on the false promise of returning the same and failed to do so. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the submissions made by the learned counsel on both sides and upon the fact that the occurrence took place during 21.06.2025 to 13.10.2025, this Court is of the view that the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. 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-I, Poonamalle, 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 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 and 5.30.P.M for a period of two weeks and thereafter, as and when required for interrogation;

C.KUMARAPPAN, J.

KMI (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.

7.This Criminal Original Petition is ordered accordingly. 15-06-2026 KMI To 1.The Judicial Magistrate-I, Poonamalle.

2.Inspector of Police, T-16, Nazarethpet Police Station, Chennai 600123.

3.The Public Prosecutor, Madras High Court.