Sekar @ Rajasekaran v. The State Rep.By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.05.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Sekar @ Rajasekaran S/o. Muthusamipillai ......Petitioner/AccusedVs.

The State represented byThe Inspector of Police, N-3 Muthialpet Police Station, Flower Bazaar, Chennai District.

(Crime No.83 of 2025) .....Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.83 of 2025 pending investigation on the file the respondent police.

For Petitioner : Mr. Raji Rajkumar For Respondent : M/s.A.Gopinath Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the 1/6

respondent police for the alleged offences under Sections 316(2), 318(2), 351(2) and 61(2) of B.N.S. in Crime No.83 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant borrowed a sum of Rs.2 lakhs from the petitioner by pledging his Car bearing Registration no.TN04-BB-7446 and he repaid the loan amount. But the petitioner did not return the vehicle and R.C. book to the defacto complainant. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. He would also submit that he has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for 2/6

the respondent police reiterated the case of the prosecution and submitted that the petitioner failed to return the vehicle and R.C. book belongs to the defacto complainant, even on repayment of loan amount by the defacto complainant. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Taking note of the facts and circumstances of the case, nature of allegations against the petitioner, submissions made by the learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory 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 XVI Metropolitan Magistrate, George Town, Chennai-1 on condition that the petitioner shall execute a 3/6

bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall appear before the respondent police daily at 10.30 a.m for a period of one week and thereafter, as and when required for interrogation;

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [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].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023. 22.05.2025 mjs Note:-

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 official website of this Court will be watermarked and will also have a QR code.

To 1.The XVI Metropolitan Magistrate, George Town, Chennai-1.

2. The Inspector of Police, N-3 Muthialpet Police Station, Flower Bazaar, Chennai District.

3. The Public Prosecutor, High Court of Madras.

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N.SENTHILKUMAR ,J.

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