Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI Shankar Murugan M/27 S/o.Murugan, No.318, 6th Street, Vaniyambadi, Nedhaji Nagar, North, Vaniyambadi, Vellore-635 751. ..Petitioner(s) Vs State rep.by, The Inspector of Police, Vaniyambadi Town Police Station, Thirupathur District. Cr.No.56 of 2026. ..Respondent(s) Prayer:- Criminal Original Petition filed under Section 482 of BNSS Act, 2023 to grant anticipatory bail to the petitioner in the event of arrest in connection with Cr.No.56 of of 2026 pending on the file of the respondent police. For Petitioner(s): Mr.Sriraam MS For Respondent(s): Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest for the alleged offence under Sections 309(4) of BNS @ 309(4), 61(2) and 49 of BNS and subsequently altered to Sections 311, 61(2) & 49 of BNS corresponding IPC Sections 397, Page1 of 6 120-B & 109, in Crime No.56 of 2026, on the file of the respondent police seeks anticipatory bail.
2. The case of the prosecution is that the petitioner, along with other accused, threatened the defacto complainant with a knife and robbed 15 kgs of silver from him, who is a silver merchant. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the
petitioner’s name does not find place in the First Information Report and that he has been falsely implicated in this case solely based on the confession statement. He would further submit that the co-accused/A2, A3 and A4 have already been enlarged on bail by this Court. Hence the present petition has been filed seeking anticipatory bail.
4. The learned Government Advocate (Crl.Side) appearing for the
respondent police opposed the anticipatory bail on the ground that the petitioner has three previous case. However, he fairly submitted that the robbed articles have been recovered.
5. At this juncture, the learned counsel for the petitioner submitted that
the petitioner, without prejudice to his defense and contention, is ready and willing to deposit an amount of Rs.20,000/- to any association. Hence, he prays Page2 of 6 for grant of anticipatory bail to the petitioner.
6. I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.
7. Taking into consideration of the totality of the circumstances, though
the petitioner has three previous cases, since the robbed articles have been recovered and upon the fact that the co-accused/A2, A3 and A4 have already been released on bail by this Court in Crl.O.P.Nos.7209, 7871 and 9123 of 2026 dated 23.03.2026, 27.03.2026 and 10.04.2026 respectively, and also taking note of the fact that the petitioner has come forward to deposit an amount of Rs.20,000/- to the credit of "Account Name : Tamil Nadu Advocate’s Clerk’s Association, Account No. 484026006, Branch: Indian Bank High Court, IFSC No.IDIB000M157”, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.
8. Accordingly, the petitioner shall pay a sum of Rs.20,000/- (Rupees
Twenty Thousand only) as cost to the Tamil Nadu Advocate’s Clerk’s Association, Chennai and on such payment, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Vaniyambadi, on condition that the petitioner Page3 of 6 shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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 learned 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 daily at 10.30 a.m for a period of three 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];
(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 06-05-2026 GBI/JAI Page4 of 6 To 1.State rep.by, The Inspector of Police, Vaniyambadi Town Police Station, Thirupathur District. Cr.No.56 of 2026.
2. the learned Judicial Magistrate, Vaniyambadi. 3.The Public Prosecutor, High Court of Madras. Page5 of 6
L.VICTORIA GOWRI, J.
GBI 06-05-2026 Page6 of 6