Velmurugan v. State Rep by Sub Inspector of Police

O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 316(2) of BNS [406 of IPC] in Crime No.209 of 2025, on the file of the respondent Police, seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner, being the landlord of the godown, dishonestly misappropriated 900 kgs of cashews belonging to the de facto complainant, which had been left in the godown after the premises were vacated. Hence, the case.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent, has not committed any offence as alleged by the prosecution, and has been falsely implicated in this case. He further submitted that the petitioner is ready to cooperate with the investigation. Hence, he prayed for the grant of anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent police opposed the anticipatory bail application and submitted that the petitioner also holds a key to the premises, while noting that the entire complaint has been given only upon a presumption.

¶5Taking into consideration the totality of the circumstances, including the fact that there is a landlord-tenant dispute between the petitioner and the de facto complainant and that the petitioner is 57 years old, this Court is of the firm view that, at this length of time, custodial interrogation of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions

¶6Accordingly, the petitioner is ordered to be released on anticipatory 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 is made ready, before the learned Judicial Magistrate No.II, Panruti, 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 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 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];

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

07.07.2026 cda To

1.The Judicial Magistrate No.II, Panruti.

2.The Sub Inspector of Police, Kadampuliyur Police Station, Cuddalore District.

3.The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J. cda

07.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Velmurugan ... Petitioner Vs. The State Represented by, The Sub Inspector of Police, Kadampuliyur Police Station, Cuddalore District. (Crime No.209 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 connection with Crime No.209 of 2025 on the file of respondent Police. For Petitioner : Mr.A.M.Rahamath Ali For Respondent : Mrs.R.S.Indira, Government Advocate (Crl.Side)