Ashwinkumar v. State Rep .By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL Ashwinkumar S/o. Ravichandhran ..Petitioner(s) Vs State Rep. by The Inspector of Police, Vellavedu Police Station, Thiruvallur.
(Crime No.80 of 2026) ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS, 2023 praying to enlarge the petitioner on bail in the event of his arrest concerned in Crime No.80 of 2026 on the file of the respondent police. For Petitioner(s):
Mr.R.Parthiban For Respondent(s):
Mr.S.Balaji Government Advocate (Crl.Side)
ORDER
The petitioner who apprehends arrest in the hands of the respondent police for the offence punishable under Section 305 of BNS in connection with Crime No.80 of 2026, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with other accused persons trespassed into the premises of Finolex J-Power Systems at
about 11.30 hours. According to the complaint lodged by the defacto complainant, the petitioner along with other accused persons have committed a theft of 400 sq.mm sheath bonding material and approximately 945 meters of copper and insulated cable, along with one box of cable jointing kit, they have also caused damage to the CCTV cameras and DVR box installed at the premises. Hence the case.
3. The learned counsel for the petitioner would contend that the respondent police have registered a false case against the petitioner. He would submit that petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. He further submits that the petitioner has been falsely implicated solely on the basis of a co-accused's statement. It is also submitted that this is the first anticipatory bail petition filed by the petitioner, there are no previous cases, and the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, the petitioner may be released on anticipatory bail.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner is having no previous case. He would further submit that the other accused persons were arrested and released on bail and a part of the property have been recovered from the petitioner. Hence, he 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, the nature of the offences, and that the petitioner has been implicated primarily on the basis of a co-accused's confession, and considering that part of the property has been recovered from the co-accused and also the fact that co-accused have been released on bail, this Court is 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 Court-II at Poonamalle 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 every Saturday at 10.00 a.m for a period of four weeks 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 BNSS, 2023.
13-05-2026 MKA/SHA 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 Court-II, Poonamalle.
2.The Inspector of Police Vellavedu Police Station Thiruvallur.
3.The Public Prosecutor, Madras High Court, Chennai.
P.DHANABAL J.
MKA/SHA Crl. OP. No.12468 of 2026 13-05-2026