Mahaboob Basha A v. The State Rep. By, the Inspector of Police

O R D E R The petitioner apprehends arrest for the alleged offences under Sections 318(3) and 318(4) of BNS in Crime No.183 of 2026 on the file of the respondent police seeks anticipatory bail.

2.The case of the prosecution is that on 29.07.2026, the petitioner collected fees from the temporary roadside shops under the Tiruvannamalai Corporation, but failed to remit the lease amount due to the Corporation despite repeated notices. It is further alleged that he continued to collect fees from the roadside vendors and collected excess amounts through himself and his agents, thereby cheating the Corporation and the public. Hence, the present complaint.

¶3The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. He further submitted that he is ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. 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 vehemently opposed to grant anticipatory bail to the petitioner.

¶5I have given my anxious consideration to either side submissions.

¶6From the submissions made by the learned counsel appearing on either side, it is seen that the allegation against the petitioner is that he collected the lease amount from the roadside vendors and thereby caused a loss of Rs.2,070/- to the Corporation. Though such allegations have been made, considering the quantum of the amount involved and the nature of the allegations, this Court is of the firm view that the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

¶7Accordingly, 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, Tiruvannamalai 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 before the respondent police 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.

07.08.2026 kv To

1.The Judicial Magistrate No.2, Tiruvannamalai.

¶2The Inspector of Police, Tiruvannamalai West Police Station, Tiruvannamalai District.

3.The Public Prosecutor, High Court of Madras. C.KUMARAPPAN.J. kv

07.08.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.08.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Mahaboob Basha A ... Petitioner Vs. State of Tamil Nadu Inspector of Police, Tiruvannamalai West Police Station, Tiruvannamalai District. (Crime No.183 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest by the respondent Police or on his appearance before the concerned Court in connection with Crime No.156 of 2026 (on the file of Inspector of Police, Tiruvannamalai West Post Station, Tiruvannamalai District). For Petitioner : Mr.S.Kalaikumar For Respondent : Mr.N.Palanivel, Government Advocate (Crl.Side)