Sabari v. The State Rep.By, the Inspector of Police,

O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 126(2), 132 and 351(2) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.125 of 2026 on the file of the respondent police, seeks anticipatory bail.

¶2The allegation against the petitioner is that the petitioner is selling duplicate mobile spare parts in his mobile shop. Hence, the case.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent person and that he has not committed any offence as alleged by the prosecution. Hence, he prayed to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and, submitted that when the respondent Police entered into the petitioner's shop, he obstructed them from conducting a search. He further submitted that no one was injured in this case. However, he opposed the grant of anticipatory bail to the petitioner.

¶5Taking into consideration the totality of the circumstances, and the fact that the occurrence took place on 15.05.2026 and that no one was injured in this case, this Court is of the firm view that, custodial interrogation of the petitioner is not required. 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 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.2, Salem, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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

ssb To

1.The Judicial Magistrate No.2, Salem.

2.The Inspector of Police, Pallapatty Police Station, Salem City.

3.The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J. ssb

07.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.07.2026 CORAM THE HONOURABLE MR. JUSTICE C.KUMARAPPAN Sabari ... Petitioner Vs. The State represented by The Inspector of Police, Pallapatty Police Station, Salem City. (Crime No.125 of 2026) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.125 of 2026 pending investigation on the file of the respondent police. For Petitioner : Mr.C.Harish For Respondent : Ms.R.S.Indira Government Advocate (Crl.Side)