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

ORDER The petitioner apprehends arrest for the alleged offences under Section 303(2) of BNS in Crime No.173 of 2026 on the file of the respondent police seeks anticipatory bail. Page2 of 6

¶2The case of the prosecution is that the petitioner committed theft of the defacto complainant's two wheeler. Hence the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and a false case has been foisted against the petitioner and that he has not committed any offence as alleged by the prosecution.

¶4Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that co-accused had already been remanded to judicial custody and subsequently the vehicle was recovered. He further submitted that the petitioner has no criminal antecedents. However, he opposed to grant anticipatory bail to the petitioner.

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

¶6Considering the nature of the allegations and the fact that this is a case of vehicle theft, where the co-accused has already been remanded to judicial custody and subsequently vehicle was recovered and the fact that the petitioner was implicated only based upon the confession statement made by the co accused and this fact was not seriously disputed by the learned Government Advocate and also considering the fact that the petitioner has no prior criminal Page3 of 6 antecedents, 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.

¶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, Palacode, Dharmapuri District 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 slip (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 am for a period of two weeks and thereafter as and when required; Page4 of 6

(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 is 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. 13-07-2026 Index: Yes/No Speaking/Non-speaking order MFA Page5 of 6 To

¶1The Judicial Magistrate, Palacode, Dharmapuri District.

¶2The Inspector of Police Palacode Police Station, Dharmapuri.

¶3The Public Prosecutor, High Court, Chennai. CRLoOPoNo.o18146oofo2026 C.KUMARAPPAN,oJ. MFA CRLoOPoNo.o18146oofo2026 13-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Prabhu S/o Periyasami, No.4/410-2, Madhanahalli, Dandukaranahalli, Dharmapuri District. ..Petitioner(s) Vs The State Rep By, The Inspector of Police Palacode Police Station, Dharmapuri. Crime No.173 of 2026 ..Respondent(s) PRAYER: This Criminal Original Petition is filed under Section 482 of BNSS, praying to enlarge the petitioner on anticipatory bail in the event of arrest concern in Crime No.173 of 2026 on the file of the Inspector of Police, Palacode Police Station, Dharmapuri. For Petitioner(s): M/S. Rajadurai For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE)