Saravanan v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2026

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Saravanan ... Petitioner Vs.

The State Rep. By, The Sub-Inspector of Police, Mecheri Police Station, Salem District.

Crime No.741 of 2025 ... Respondent 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 in Crime No.741 of 2025 on the file of the respondent police.

For Petitioner :

Mr.R.Rajarajan For Respondent :

M/s.J.R.Archana Government Advocate (Criminal Side)

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections318(3), 316(4), 306 read 1/6

with Section 61(2) of BNS Act, 2023 in Crime No.741 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner while working as a Milk Procurement Officer had involved in adulteration activities. The auditing committee had conducted enquiry and on verification, it revealed that petitioner has continuously involved in adulteration of milk by engaging their drivers, who are ranked as A2 to A6 and total amount estimated by the petitioner is estimated to Rs.65 lakhs. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that on 03.12.2025, the auditing committee conducted search and they themselves had calculated the total adulterated milk as Rs.65,52,000/- which is presumptive loss. He further submitted that, now the petitioner has been removed from service and ready to co-operate with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the auditing committee has conducted elaborate audit and on the basis of the 2/6

statement recovered from drivers, huge quantity of milk was adulterated and the petitioner was benefited to the tune of Rs.65,52,000/- . Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsels on either side and perused the materials available on record.

6. Considering the fact that the milk was already sold and same is also consumed and it is an estimated benefit derived by adulteration, this Court is of the view that custodial interrogation of the petitioner is not necessary, hence I am inclined to grant anticipatory bail to the petitioner with certain conditions:

7. Accordingly, the petitioner are ordered to be released on bail in the event of arrest or on their appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No,.2, Mettur Salem, 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 that:

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[a] if the petitioner fails to surrender before the concerned Magistrate within a period of ten 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 the identity proofs to ensure their identity;

[c] the petitioner shall report before the respondent police daily 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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 29.01.2026 sma 4/6

To

1. Judicial Magistrate No.2, Mettur, Salem.

2.The Sub-Inspector of Police, Mecheri Police Station, Salem District.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

sma 29.01.2026 6/6