Sakkarapani v. The State Of Tamil Nadu, Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.21435 of 2025 Sakkarapani ... Petitioner Vs.

The State of Tamil Nadu rep. By Inspector of Police, Thiruchengode Town Police Station, Namakkal.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of arrest in Crime No.214 of 2025 pending on the file of the respondent police. For Petitioner : Mr.Venkateswara Babu For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest for the alleged offence under Sections 318(4), 126(2) and 351(2) of BNS in Cr.No.214 of 2025 on the file of the respondent police seeks anticipatory bail. 1/5

2. The allegation against the petitioner is that the petitioner joining hands with other accused, had collected a sum of Rs.12,56,000/- under the pretext of supplying iron scrap. However, they have failed to do the same. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that the entire money was received by A1 and already he was arrested and released on bail and hence, he prayed that anticipatory bail may be granted to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and reported that investigation is still pending and the arrested co-accused are released on bail However, he opposed the grant of anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the fact that the issue involved is that non supply of scrap and the arrested co-accused was enlarged on bail, I am inclined to grant anticipatory bail to the petitioner.

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 (15) days from the date on which the order copy made ready, before the learned 2/5

Judicial Magistrate-Thiruchengode on condition that the 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 condition: (a) If the petitioner failed 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 report before the respondent police everyday at 10.30 a.m., for a period of two weeks 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]; 3/5

(e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

26.09.2025 Vv To

1. The Judicial Magistrate, Thiruchengode.

2. The Inspector of Police, Thiruchengode Town Police Station, Namakkal.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.21435 of 2025 26.09.2025 5/5