Raja Kumar @ Rajkumar v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Raja kumar @ Rajkumar S/o.Subramaniyam, No.3-223/a, Gandla Kotthuru, Kukkalapalle, Yadamari Mandlam, Chittoor, Andhra Pradesh.
..Petitioner(s) Vs The State rep.by Inspector of Police, Paradarami Police Station, Vellore District.
Tamilnadu.
(Crime No.0106/2026) ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 482 of BNSS, pleased to enlarge the petitioner on anticipatory bail to the petitioner in the event of his arrest in Cr.No.0106/2026, on the file of respondent police. For Petitioner(s):
Mr.Gouthaman For Respondent(s):
Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal side)
ORDER
The petitioner apprehends arrest for the alleged offences under Section 303(2) of BNS, in Crime No.0106 of 2026 on the file of the respondent police seeks anticipatory bail.
2. The petitioner is the 4th accused. The case of the prosecution is that o 09.05.2026 during patrol duty, when the respondent police stopped a Tractor bearing Reg.No. AP 03TE 8514, the petitioners and other accused flew away and upon enquiry it was found that the petitioners stolen fencing stone pillars and illegally transported the same from Andhra Pradesh to Tamil Nadu without having any valid licence. Hence the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further states that the alleged occurrence took place on 09.05.2026, and that the coaccused already been released on bail. Hence, he prays to grant anticipatory bail to the petitioner.
4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the investigation is pending. However, he opposed the grant of anticipatory bail to the petitioner.
5. This is a case of theft of 103 numbers of stone pillars. The co-accused was already released on bail and the property also been recovered and this petitioner is the brother of tractor's owner. Taking into considering the facts and circumstances of the case and the recovery of the property, custodial interrogation of the petitioner is not necessary. Hence, this Court is inclined to
grant anticipatory bail to the petitioner, subject to certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Gudiyattham on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:
(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;
(c) The petitioner shall report before the respondent police daily at 10.30 am for a period of fifteen days and thereafter as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as
laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];
(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
16-06-2026 Index: Yes/No Speaking/Non-speaking order MTL To 1.Inspector of Police, Paradarami Police Station, Vellore District.
Tamilnadu.
2.The Judicial Magistrate, Gudiyatham.
3.The Public Prosecutor, High Court, Madras.
C.KUMARAPPAN, J.
MTL 16-06-2026