Sivakumar v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-07-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN Sivakumar Petitioner(s) Vs The State Rep. by the Inspector of Police, Muthialpet Police Station. Puducherry.

Respondent(s) PRAYER This Criminal Original Petition is filed under Section 438 of BNSS to enlarge the petitioner on ANTICIPATORY BAIL in the event of his arrest in Crime No. 72 of 2025 on the file of the Inspector of Police, Muthialpet Police Station, Puducherry and thus render justice.

For Petitioner(s):

M/s.B.GANESHA MOORTHY For Respondent(s):

Mr.K.S.Mohandass Public Prosecutor, Puducherry

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 318(4) of the B.N.S. Act, 2023, in Crime No.72 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The prosecution's case is that the petitioner took out four cars (Maruti Ertiga, Toyota Glanza, Tata Punch, and Toyota Etios) from the complainant's travel business on various dates in April 2025, allegedly to rent them out, but instead mortgaged the vehicles for Rs.3,00,000/- and went missing, prompting the complainant to file a police report.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence prays for grant of anticipatory bail to the petitioner.

4.The learned Public Prosecutor, Puducherry submitted that the petitioner and the other accused borrowed the car from the defacto complainant and thereafter failed to return the cars. He also stated that investigation is pending and if the petitioner is granted anticipatory bail at this stage, there will be possibility of abscondance and will hamper the investigation. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and the allegation level against the petitioner and the objection raised by the learned Public Prosecutor, Puducherry, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the Criminal Original Petition seeking anticipatory bail is dismissed.

14-07-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State Rep. by the Inspector of Police, Muthialpet Police Station. Puducherry.

2.The Public Prosecutor, High Court of Madras.

G.K.ILANTHIRAIYAN J.

gbi CRL OP No. 16031 of 14-07-2025