M.Akash v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. M.Akash

2. D.Sathishkumar ..Petitioners Vs State rep. by its The Inspector of Police, Coimbatore City. Peelamedu.

Crime No.814 of 2025.

..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in event of arrest in Crime No.814/2025 on the file of respondent police. For Petitioners:

Mr.A.Praveen For Respondent:

Ms.R.S.Indira Government Advocate (Crl.Side)

ORDER

The petitioners apprehend arrest for the alleged offence under Sections 316(2) of BNS, 2023 in Crime No.22 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The allegations against the petitioners are that petitioners 1 and 2 approached the defacto complainant to purchase a vehicle belonging to the complainant by settling a loan to the extent of 9 lakh rupees. However, after

paying only two instalments, they neither returned the vehicle nor cleared the remaining dues. Consequently, the financier of the car initiated recovery proceedings against the complainant. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the defacto complainant and they have been falsely implicated in this case. He further submitted that they are ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and upon instructions, submitted that there is no previous case pending against the petitioners. Hence, he opposed to grant anticipatory bail to the petitioners.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. Considering the nature of the allegations and also taking note of the submissions made by the learned counsel on both sides that there is no previous case pending against the petitioners and that the entire issue appears to be civil

in nature, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No. II, Coimbatore, on condition that the petitioners shall execute a bond each for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioners fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

15-06-2026 NSL To

1. The Inspector of Police, Coimbatore City, Peelamedu.

2. The Public Prosecutor High Court of Madras.

3. The Judicial Magistrate No. II, Coimbatore.

C.KUMARAPPAN, J.

NSL 15-06-2026