Dilip @ Dilipkumar v. State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Dilip @ Dilipkumar Son of Kannan No. 2/212, Thakkiyamman Kovil Street Kumaracheri Tiruvallur District 63 1 402 ..Petitioner(s) Vs State by Inspector of Police C-2, Sunguvarchathiram Police Station Kancheepuram District (Crime No. 328 of 2025) ..Respondent(s) Prayer: This petition is filed under Section 482 of BNSS Act, 2023 to enlarge the petitioner on bail in the event of his arrest in Crime No. 328 of 2025 on the file of the Respondent police and pass such further or other orders as this HonbIe Court may deem fit and proper in the circumstances of the case and thus render justice.

For Petitioner(s):

M/s.S.Francis M.Rajasekaran V.Gowthaman AK.Vigasini K.Karthiyayini For Respondent(s):

Mr.S. Balaji, Government Advocate( Crl side)

ORDER

The petitioner/Accused who apprehends arrest in the hands of the respondent police for the offences punishable under Section 303(2) of BNSS Act, 2023 in connection with the Cr. No.328 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused has stolen the two wheeler bearing Reg.No.TN-87-E-5924, Bajaj, Pulsar 150 blue colour which is parked in front of the house of the defacto complainant. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed anticipatory bail for the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the property is not yet recovered and there is no previous case as against the petitioner. He further submitted that the co-accused in this case has already been arrested and

released on bail. However, he vehemently opposed to grant anticipatory bail to the Petitioner.

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

6. Considering the rival submissions on either side, considering the nature of offences, taking note of the fact that the co-accused in this case has already been arrested and released on bail and there is no previous case pending against the petitioner, I am inclined to grant anticipatory bail to the petitioner subject to the following 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate, Sriperumbudur 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 condition that:

[a] the petitioner shall report before the respondent police on everyday at 10.00 a.m for a period of 30 days and thereafter as and when required for interrogation.

[b] the petitioner 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 her from disclosing such facts to the Court or to any police officer; [c] the petitioner shall not leave India without the previous permission of the Court;

[d] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 Index: Yes/No Speaking/Non-speaking order SMN 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 the official website of this Court will be watermarked and will also have a QR code.

To.

1. The Judicial Magistrate, Sriperumbudur

2. The Inspector of Police C-2, Sunguvarchathiram Police Station Kancheepuram District

3. The Public Prosecutor, High Court, Madras

P.DHANABAL, J.

SMN 13-05-2026