Krishnan (Gain) v. The State Of Tamilnadu Rep By The Inspector Of Police, Kottampatti

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL 1.Krishnan (Gain) 2.Prabhu

...Petitioners/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Kottampatti Police Station, Madurai.

(Crime No. 264 of 2022)

...Respondent/Complainant

For Petitioners : Mr.N.Ranjith Advocate.

For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 264 of 2022 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Section 379 of IPC r/w 21(5) of MMDR Act, 1957 and Section 414 of IPC in Crime No. 264 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that based on the secret information, on 07.08.2022 at about 19.45 hrs, when the respondent police were in patrol duty, they found that the petitioners were in illegal possession of 1 1⁄2 of broken mines. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they are no way connected in the above said incident. They have not committed any offence as alleged by the prosecution. He would further submit that co-accused were also arrested and released on bail. Hence, he prayed to grant anticipatory bail to the petitioners. 2/6

4. The learned Counsel for State of TN (Crl.Side) would submit that based on the complaint given by the defacto complainant, a case has been registered for the offences punishable under Section 379 of IPC r/w 21(5) of MMDR Act, 1957 and Section 414 of IPC in Crime No. 264 of 2022. He would further submit that the first petitioner has four previous cases and the second petitioner has two previous cases. He would further submit that the investigation is pending and the offences are grave in nature and hence, he opposed to grant anticipatory bail to the petitioners.

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

6. Considering the rival submissions made on either side and the nature of offences charged against the petitioners, and considering the facts that co-accused were granted bail and thoug the petitioners have some previous cases, in all cases bail was granted to them and though the alleged occurrence took place in the year 2022, so far the respondent police have not taken any steps to secure the accused, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions:

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[a] Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Melur, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further conditions that:

[b] the petitioners shall report before the respondent police, daily at 10.30 a.m. for a period of thirty days, and thereafter as and when required for the interrogation.

[c] the petitioners shall not commit any offences of similar nature.

[d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial. 4/6

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 B.N.S.

(P D B J) 22.06.2026 apd To 1.The Judicial Magistrate, Melur, Madurai.

2.The Inspector of Police, Kottampatti Police Station, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J apd

ORDER

IN CRL OP(MD) No. 11798 of 2026 Date : 22.06.2026 6/6