M.Karthik v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN M.Karthik S/o.Murugesan, No.601/80, Ramar Street, Ayapakkam Village and Post, Chengalpattu District-603102.

..Petitioner(s) Vs The State represented by:

The Inspector of Police, Mamallapuram Police Station, Chengalpattu District.

[Cr.No.100/2026] ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on anticipatory bail in the event of his arrest by the respondent in Cr.No.100 of 2026 on the file of the respondent.

For Petitioner(s):

M/S. Magesh kumar G For Respondent(s):

Ms.R.S.Indira, Government Advocate (Criminal side)

ORDER

The petitioner, who apprehends arrest for the alleged offences under Sections 305(a) and 331(5) of B.N.S. in Crime No.100 of 2026, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that on 18.04.2026, the petitioner along with other accused, came in a Eicher Vehicle bearing Registration No.TN22AR-2363 trespassed into a building construction company, where the defacto complainant is working as Security, and had stolen the iron things and tools from the company, worth about Rs.6 lakhs and when the same was informed to other Staff, the petitioner attempted to assault the defacto complainant. Hence the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has nothing to do with the commission of offence as alleged by the prosecution. The learned counsel would further submit that there are totally four accused and the petitioner herein is A4 and the accused 1 to 3 were already released on bail vide order passed in Crl. M.P. No.524 of 2026 dated 05.05.2026 by the Judicial Magistrate, Thirukazhukundram and this petitioner has been implicated in this case, only based on the confession of the co-accused. He would also submit that the petitioner is ready and willing to abide by any condition that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

4. At this juncture, though the learned Government Advocate (Crl. Side) appearing for the respondent police objected the anticipatory bail petition, he would fairly submit that the petitioner has no previous cases and the stolen properties have already been recovered.

5. Heard the submissions made by the learned counsel on either side and perused the materials available on record.

6. From the submissions made by the learned Government Advocate, it is clear that the petitioner has no previous cases and according to the prosecution, the petitioner has stolen building materials, however, the learned Government Advocate would fairly submit that the alleged stolen materials were already recovered. In such view of the position, considering the fact that the petitioner has no previous cases, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions:

7. Accordingly, the petitioner is ordered to be released on anticipatory 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 District Munsif-cum-Judicial Magistrate, Thirukazhukundram on condition that each petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 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 appear before the respondent police daily at 10.30 a.m. and 5.30 p.m. until further orders. (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.

22-06-2026 MJS 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 District Munsif-cum-Judicial Magistrate, Thirukazhukundram.

2. The Inspector of Police, Mamallapuram Police Station, Chengalpattu District.

3. The Public Prosecutor, High Court of Madras. C.KUMARAPPAN, J.

MJS

22-06-2026