Vivekanandhan v. State Represented By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL Vivekanandhan C/o. Selvaraju, 63 I 6A, Thazhanchavadi, Poochimedu, Cuddalore - 608 801 ..Petitioner(s) Vs State represented by Inspector of Police, Padalam Police Station, Chengalpattu District.
..Respondent(s) Prayer: This petition is filed under Section 482 of BNSS to enlarge the Petitioner on anticipatory bail in the event of arrest by the first respondent in connection with the Crime No.138 of 2026 pending on the file of the first respondent police and thus render justice For Petitioner(s):
D. Suriya Durai For Respondent(s):
Mr.S. Balaji, Government Advocate ( Crl side)
ORDER
The petitioner who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 191(3), 296(b), 115(2),118(1), 140(3), 310(2), 351(3), 61(2)(a) and 3(5) of BNS 2023 in connection with the Cr. No.138 of 2026, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner availed loan from the bank for purchase of the vehicle and failed to re-pay the same, due to which the bank officials seized the vehicle. The allegation is that when the official attempted to seize the vehicle the petitioner abused ans assaulted them. Hence the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is a innocent and he has not committed any such offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed anticipatory bail for the petitioners.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that Petitioner is having no previous cases. He further submitted that the main accused in this case has already been arrested and released on bail. However, 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 on either side, considering the nature of offence, the fact that the main accused in this case has already been arrested
and released on bail, there is no previous cases pending against the petitioner and the vehicle was recovered, 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 I-Chengalpet 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.
[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 her 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 B.N.S.2023.
13-05-2026 Index: Yes/No Speaking/Non-speaking order SMN 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 the official website of this Court will be watermarked and will also have a QR code.
To.
1. The learned Judicial Magistrate I-Chengalpet 2.The Padalam Police Station, Chengalpattu District.
3. The Public Prosecutor, High Court of Madras
P.DHANABAL, J.
smn 13-05-2026