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Madras High CourtCRL OP/12008/2026granted

Karthik v. State Rep. By Sub-Inspector Of Police,

2026-05-13Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. Karthik S/o. Kamaraj, Perumal Koil Street, Old Jolarpet, Tirupattur District.

2. Thippu Sulthan S/o. Babu, No.157, Police Station Road, S.Kodiyur, Jolarpet, Tirupattur District.

... Petitioners vs.

State rep. by The Sub-Inspector of Police, Jolarpet Police Station, Tirupattur District.

(Crime No.79 of 2026) ... Respondent PRAYER Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioners on bail in the event of their arrest in Crime No.79/2026 pending investigation on the file of the respondent. For Petitioners:

Mr.E.Kannadasan For Respondent:

Mr.S. Balaji Government Advocate (Crl. Side) 1/6

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 331 (4) and 303 (2) of BNS Act, 2023 (under Sections 457 and 379 of IPC), seek anticipatory bail.

2. The case of the prosecution is that the petitioners, along with the other accused, stole the electronic articles worth about Rs.2,90,000/- from the School where the defacto complainant is working as Headmistress.

3. The learned counsel for the petitioners submitted that based on the confession statement of the co-accused, the petitioners were implicated in this case. He further submitted that they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The Learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that there is one previous case pending as against the petitioners and that the stolen properties were recovered in part. However, he opposed the grant of anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record. 2/6

6. Considering the submissions made by both side counsel, nature of offence, and the fact that though there is one previous case pending against the petitioners which is not similar in nature, and also the stolen properties were recovered in part, I am inclined to grant anticipatory bail to the petitioners subject to the following conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate-I, Tirupathur, on condition that the petitioners 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 condition that:

[a] the petitioners shall report before the respondent police, daily at 10.30 a.m., for a period of 30 days and thereafter, as and when required for interrogation;

[b] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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[c] the petitioners shall not leave India without the previous permission of the Court;

[d] the petitioners shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.

13.05.2026 dh/bga Note:-

1. Registry is directed to forthwith upload this order in the official website of this Court.

2. All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.

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To 1.The Judicial Magistrate-I, Tirupathur.

2.The Sub-Inspector of Police, Jolarpet Police Station, Tirupattur District.

3. The Public Prosecutor, High Court, Madras.

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P.DHANABAL, J.

dh/bga 13.05.2026 6/6