Mariselvam v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-05-2026

CORAM

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ Mariselvam ..Petitioner Vs State Rep. by The Inspector of Police T20, Kanathur Police Station, Pallikaranai, Cr.No.92 of 2026 ..Respondent Prayer: Criminal Original Petition filed under Section 482 of BNSS, 2023, praying to enlarge the Petitioner on bail in the event of their arrest at the hands of the respondent pending investigation in Cr.No.92 of 2026 on the file of the respondent police.

For Petitioner:

Mr. S. Senthilvel For Respondent:

Mr.A.Amarnath, Counsel for Government of Tamil Nadu (Criminal Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 303 of Bharatiya Nyaya

Sanhita (BNS), 2023 in Crime No.92 of 2026 on the file of the respondent Police, seeks anticipatory bail.

2. The learned counsel for the petitioner, pleading innocence on the part of the petitioner and false implication in the case, seeks indulgence of this Court. He submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Therefore he prayed to grant anticipatory bail to the petitioner.

3. The case of the prosecution as put forth by the learned Counsel for Government of Tamil Nadu (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that the petitioner along with another person have allegedly stolen iron rods from the stockyard where the construction materials were kept. He also submitted that the value of the property alleged to have been stolen is Rs.6,500/-. He further submitted that the petitioner is having one previous case pending against him. Hence, he opposed the grant of anticipatory bail to the petitioner.

4. Having heard the learned counsel for the petitioner, the learned Counsel for Government of Tamil Nadu (Criminal Side) for the respondent Police and perused the materials available on record and considering that the fact that the petitioner is having one previous case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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 District Magistrate cum Judicial Magistrate Court at Sholinganallur on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Crime No.92 of 2026 on the file of the respondent-police, before the learned District Magistrate cum Judicial Magistrate Court at Sholinganallur, within a period of fifteen days from the date on which the order copy is made ready.. In turn, the learned Judicial Magistrate shall deposit the said amount in an

interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order / judgment is passed in the case in Crime No.92 of 2026. The learned Judicial Magistrate or Trial Court shall pass orders qua entitlement of the said amount in its final order / Judgment.

[c] the petitioner shall report before the respondent Police, daily at 10.30 a.m., until further orders; [d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioner shall not abscond either during investigation or trial;

[f] 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

29-05-2026 SHL/NSL

Note:

1. Registry is directed to forthwith upload this order on the Official Website of this Court.

2. All concerned to act on this order being uploaded on 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 District Magistrate-Cum- Judicial Magistrate Court, Sholinganallur.

2. The Inspector of Police T20, Kanathur Police Station, Pallikaranai,

2. The Public Prosecutor, Madras High Court.

MOHAMMED SHAFFIQ, J.

SHL/NSL 29-05-2026