Sadam Hussain v. The State

CRL OP No. 12834 of 2026__________Page1 of 6IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14-05-2026CORAMTHE HON'BLE MR.JUSTICE P. DHANABALCRL OP No. 12834 of 2026Sadam Hussain..Petitioner(s)VsThe State Rep. by The Inspector of PoliceChengam Police Station, Tiruvannamalai District. Crime No. 20/2026..Respondent(s)PRAYER: Criminal Original Petition filed under Section 482 of BNSS, 2023, praying to enlarge the petitioner on bail in the event of arrest in Crime No. 20 of 2026 on the file of the respondent police station and thus render justice. For Petitioner(s):Mr.Sathiyaraj E.For Respondent(s):Mr.S.BalajiGovernment Advocate (Crl. Side)ORDERThe petitioner who apprehends arrest in the hands of the respondent police for the offences punishable under Section 303(2) of BNS Act, 2023 (Corresponding Section 379 of IPC) in Crime No. 20 of 2026, seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 12834 of 2026__________Page2 of 62.The case of the prosecution is that on 01.12.2025 at about 12.20 p.m., there was no power supply in the area and the defacto complainant contacted Electricity Board (EB) officials to enquire about the supply, who informed him that there was no disruption or disconnection from their end. At about 01.15 p.m., the defacto complainant visited the Jio Tower situated at Pakkiripalayam Village and found that the Generator Battery was missing. Hence, he lodged a complaint dated 21.01.2026 to the respondent police and they registered an FIR in Crime No. 20 of 2026. Hence the case.3.Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, he runs a waste scrap shop, and he has been falsely implicated in this case solely based on the confession statement of the co-accused. He further submitted that this is a second anticipatory bail petition, the co-accused who were arrested and remanded have already been released on bail, and although the petitioner has some previous cases pending against him, bail was granted to him in all those cases. He further submitted that the petitioner is ready to abide by the conditions that may be imposed by this Court. Hence, he prayed anticipatory bail for the petitioner.4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner has some previous cases pending against him. He further submitted https://www.mhc.tn.gov.in/judis CRL OP No. 12834 of 2026__________Page3 of 6that the co-accused have already been released on bail. Hence, he vehemently opposed to grant anticipatory bail to the Petitioner.5.Heard both sides and perused the materials available on record.6.Considering the rival submissions made by the learned counsel on either side, the nature of offences, the fact that the petitioner was implicated solely based on the confession statement of the co-accused, the fact that the co-accused have already been released on bail, and also the fact that the petitioner has been granted bail in all his pending previous cases, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions.7.Accordingly, 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 Court, Chengam, Tiruvannamalai District on condition that the petitioner 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 condition that:[a] the petitioner shall report before the respondent police on every Saturday at 10.00 a.m for a period of four weeks and thereafter as and when required for interrogation; https://www.mhc.tn.gov.in/judis CRL OP No. 12834 of 2026__________Page4 of 6[b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;[c] the petitioner shall not leave India without the previous permission of the Court;[d] the petitioner shall not abscond either during investigation or trial;[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 BNSS, 2023.14-05-2026SHANote:1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. https://www.mhc.tn.gov.in/judis CRL OP No. 12834 of 2026__________Page5 of 6To:1.The Judicial Magistrate Court, Chengam, Tiruvannamalai District.2.The The Inspector of PoliceChengam Police Station, Tiruvannamalai District.3.The Public Prosecutor, Madras High Court, Chennai. https://www.mhc.tn.gov.in/judis CRL OP No. 12834 of 2026__________Page6 of 6P.DHANABAL, J.SHACRL OP No. 12834 of 202614-05-2026