Madras High Court
CRL RC/2263/2026 of Hari @ Hariharan Vs State, The Inspector of Police on 1 October 2026
CRL RC No. 2263 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-10-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL RC No. 2263 of 2026
CNR: {HCMA012288312026}
Hari @ Hariharan
... Petitioner
Vs
State,
The Inspector of Police,
Gudiyatham Taluk Police Station,
Vellore Distirct.
Crime No.167 of 2026
... Respondent
Prayer : Criminal Revision Petition filed under Section 397 & 401
Cr.P.C. (Section 438 r/w 442 of BNS Act) to set aside the order dated 15.09.2026 passed in C.M.P.No.4784 of 2026 in Crime No.167/2026 by the Judicial Magistrate Court, Gudiyatham, Vellore District by allowing this Criminal Revision Petition.
For Petitioner:
Mr.D.Thirumoorthy
For Respondent:
Mr.A.Amarnath
Additional Public Prosecutor
*****
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CRL RC No. 2263 of 2026
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ORDER
This revision challenges the order passed by the learned Judicial Magistrate, Gudiyattam, Vellore District, cancelling the anticipatory bail granted by this Court for non-compliance of the conditions imposed by this Court in Crl.O.P.No.21268 of 2026.
2. The petitioner is the accused of sand theft in Crime No.167 of 2026 registered for the offence u/s 303(2) and 326 of BNS. He filed Crl.O.P.No.21268 of 2026 for granted anticipatory bail before this Court. The said petition was allowed on the condition that the petitioner shall appear before the respondent police for two weeks and shall also deposit a sum of Rs.70,000/- in favour of “The Chairman, District Collector, The District Mineral Foundation Trust of Vellore District. Admittedly, the petitioner had complied with the order directing him to deposit him as sum of Rs.70,000/-. The petitioner had appeared before the learned respondent police only for 7 days, and thereafter, according to him, he could not appear due to an ailment issue. In the mean while, it appears another FIR in Crime No.189 of 2026 has been registered for the offence
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CRL RC No. 2263 of 2026
u/s 303(2) and 326 BNS, 2023 (430 of IPC). The learned Magistrate, therefore, cancelled the anticipatory bail. Aggrieved which, the petitioner has preferred this revision.
3. The learned counsel for the petitioner would submit that the petitioner’s non-appearance before the respondent police was neither wilful nor wanton and that since he had complied substantially the conditions imposed by this Court, he may be granted one more opportunity to appear before the respondent police for the remaining period. He also submitted that the subsequent case was also falsely registered against him and he had obtained anticipatory bail before this Court in Crl.O.P.No.24864 of 2026 vide order dated 31.08.2026.
4. Mr.A.Amarnath, learned Public Prosecutor appearing for the respondent, on instructions, would submit that the petitioner had obtained anticipatory bail in Crime No.189 of 2026, which was subsequently registered.
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CRL RC No. 2263 of 2026
5. Considering the aforesaid facts, this Court is of the view that one more opportunity can given to the petitioner to comply with the conditions, especially, since he has been granted anticipatory bail in the subsequent case as Crime No.189 of 2026. Hence, the impugned order is set aside and the petitioner is directed to appear before the respondent police for a period of four (4) weeks from the date of receipt of a copy of this order, failing which, the learned Magistrate may take appropriate action as he deems fit.
6. Accordingly, the Criminal Revision Case is allowed. 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sp
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CRL RC No. 2263 of 2026
To
1. The Judicial Magistrate Court, Gudiyatham, Vellore District.
2. The Inspector of Police, Gudiyatham Taluk Police Station, Vellore Distirct.
3. The Public Prosecutor, Madras High Court.
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CRL RC No. 2263 of 2026
SUNDER MOHAN, J. sp CRL RC No. 2263 of 2026 01-10-2026
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