← Library
Madras High CourtCRL OP/15906/2026granted

Pandiyan S v. State Rep.By, The Inspector Of Police,

2026-06-29Honourable Mr.Justice C.Kumarappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN S.Pandiyan ..Petitioner(s) Vs State Rep.by, The Inspector of Police, Kadambathur Police Station, Thiruvallur District.

..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 482 of BNSS Act, 2023, pleased to enlarge the petitioner on bail in the event of his arrest in Cr.No.42 of 2025 on the file of the Respondent. For Petitioner(s):

Mr.S.Janarthanan For Respondent(s):

Mr.N.Palanivel Government Advocate (Criminal side)

ORDER

The petitioner apprehends arrest for the alleged offences under Sections 420 and 506 (I) of I.P.C., in Crime No.42 of 2025 on the file of the respondent police seeks anticipatory bail.

2.The case of the prosecution is that the defacto-complainant and the petitioner's brother Venkatesan, are known to each other. The defactocomplainant had given his car and his uncle's Renault Tiber car bearing Nos.TN20 DC 6229 and TN20 DA2282 on a rental basis to Venkatesan and entered into an agreement for a monthly rent of Rs.30,000/-. It is alleged that

Venkatesan paid the rent for only four months and failed to pay thereafter. It is also alleged that the petitioner and Venkatesan pledged the cars to one Arunachalam. Despite repeated attempts made by the defacto-complainant, they have not returned the vehicles. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that the occurrence took place in the year 2023 and the First Information Report was registered only on 01.03.2025. Hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed the grant of anticipatory bail to the petitioner.

5.Considering the totality of the circumstances, that the occurrence took place in the year 2023, and that the First Information Report was registered on 01.03.2025, this Court is of the firm view that the custodial interrogation of the petitioner is not necessary at this juncture. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his 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, Tiruvallur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 petitioner 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 petitioner shall report before the respondent 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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];

C.KUMARAPPAN, J.

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

29-06-2026 ep To 1.The Judicial Magistrate II, Thiruvallur.

2.The Inspector of Police, Kadambathur Police Station, Thiruvallur District.

3.The Public Prosecutor High Court of Madras.