Karunakaran v. The State Rep, By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Karunakaran C/o. Rajendran, ..Petitioner(s) Vs The State Rep. by the Inspector of Police, Tirupathur Town Police station, Thirupathur District.

(Crime No. 21/2026) ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS 2023, praying to enlarge the Petitioner on bail on the event of arrest in Crime No.21 of 2026 on the file of the Respondent Police.

For Petitioner(s):

Mr.C.Deepakkumar 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 offences punishable under Sections 331(4) and 305(a) of BNSS, 2023, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is an agriculturalist and on 25.01.2026 at about 4.50 a.m. the defacto complainant and his wife left their home and proceeded to Chennai and returned home on

27.01.2026 at 12.30 a.m. At that time, they noticed that the lock of their house was broke open by unknown persons and the articles inside the almirah were scattered all over the room. Upon verification, they came to know that gold, silver and cash were stolen and found missing. 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 theft as alleged by the prosecution. He further submits that the petitioner has been implicated based on confession made by the co-accused. It is also submitted that the petitioner is ready to abide by the conditions that may be imposed by this Court. Hence, he prayed anticipatory bail for the petitioner.

4. The learned Government Advocate (Criminal Side), per contra, would submit that the offences are grave in nature and investigation is pending, the petitioner has been implicated in this case based on the confession statement of the co-accused and that there is one previous case against the petitioner and he was granted bail. Hence, he strongly opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side, nature of offence and also the fact that the petitioner was implicated in this case based on the confession statement made by the co-accused, and taking into consideration that the petitioner has one previous case and has been released on bail, this Court is inclined to grant anticipatory bail to the petitioner on certain 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-I at Tirupathur, 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.

14-05-2026 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-I, Tirupathur.

2.The Inspector of Police, Tirupathur Town Police station, Thirupathur District.

3.The Public Prosecutor, Madras High Court, Chennai.

P.DHANABAL J.

MKA/SHA CRL OP No. 13043 of 2026 14-05-2026