Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-03-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Sathishkumar S/o.Rayar, South Street, Attur Main Road, Palaniyapuri, Salem. ..Petitioner(s) Vs State represented by, The Inspector of Police, Salem District (Cr.No.438/ 2025) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the Petitioner on bail in the event of his arrest in Crime No.438 of 2025 on the file of Ethapur Police Station, Salem and pass such other or further orders as this Honble Court deem fit and proper in the circumstances of this case and thus render justice. For Petitioner(s): M/s.Ganesan T For Respondent(s): Mr.P.Dhileepan Government Advocate (Crl.Side)
ORDER
The petitioner apprehends arrest for the alleged offence under Sections 331(3), 305 and 62 of BNS in Crime No.438 of 2025 on the file of the respondent police seeks anticipatory bail. Page1 of 4
2. The case of the prosecution is that the defacto complainant, Selvaraj
who had rented out a portion of his premises for an ATM, found that two batteries were missing on successive days. On 16.10.2025, when he kept watch, the accused allegedly attempted to remove the batteries, but escaped when caught. Based on the complaint, a case has been registered against the petitioner.
3. Learned counsel for the petitioner submitted that the petitioner is an
innocent person and has been falsely implicated in this case by the respondent police, on account of previous antecedents. He further submitted that he is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. Learned Government Advocate (Criminal Side) appearing for the
respondent police reiterated the prosecution’s case and, on instructions, submitted that the petitioner has 11 previous cases, pending against him. Hence, he opposed the grant of anticipatory bail to the petitioner.
5. In such view of the position and that the petitioner has 11 previous
cases against him, which clearly demonstrates that the petitioner has misused the liberty granted by this Court. Therefore, this Court is not inclined to enlarge Page2 of 4 the petitioner on anticipatory bail.
6. Accordingly, this Criminal Original Petition stands dismissed. DRL To 1.The Inspector of Police, Salem District. 2.The Public Prosecutor, High Court, Madras. Page3 of 4
C.KUMARAPPAN, J.
DRL Page4 of 4