Mariyappan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Mariyappan S/o. Vanniyaraj, No.CB 5, JB Garden,Roja Street, Ram Nagar, Thiruvancheri,Mappedu, Kanchipuram District.600126.

Petitioner(s) Vs

1. State rep by The Inspector of Police, Selaiyur Police Station, Selaiyur, Chennai District.

Crime No.349 of 2025 Respondent(s) PRAYER To enlarge the petitioner on bail in the event of his arrest in connection with Crime No. 349 of 2025 on the file of the Inspector of Police, Selaiyur Police Station, Selaiyur, Tambaram, Chennai District. For Petitioner(s):

Lal Devasagayam For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 316(2), 318(2) and 351(2) of BNS, 2023 Act in Crime No.349 of 2025, on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that he received a car belonging to the defacto complainant and paid a sum of Rs.2,32,000/- as a loan. When the defacto complainant approached to repay the loan and get back the car, these petitioners demanded more money and a complaint was lodged.

3. The learned counsel for the petitioner submitted that the petitioner herein has paid a sum of Rs.11 lakhs. Since the defacto complainant demanded the return of the car without repaying that amount, he refused to return the same, and a false complaint has been lodged. Therefore, he prays to grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reported that there are totally two accused in this case. A2 has already been arrested and the car has not been recovered. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering that the petitioner herein received the car and paid the amount, but now refuses to return it, and it has been contended by the petitioner herein that the defacto complainant owes Rs.11 lakhs, and if this amount is paid, he is ready to return the car. Based on these rival contentions, I am of the view that custodial interrogation in this case is not necessary. I am inclined to grant anticipatory bail to the petitioner with 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 made ready, before the learned Judicial MagistrateII, Tambaram, Chennai, on condition that the petitioner shall execute a bond 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 condition:

(a) If the petitioner fails to surrender before the concerned 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 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 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 v. State of Kerala [(2005) AIR SCW 5560];

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

14-10-2025 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Judicial Magistrate-II, Tambaram, Chennai. 2.State rep by The Inspector of Police, Selaiyur Police Station, Selaiyur, Chennai District.

Crime No.349 of 2025 3.The Public Prosecutor High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 27936 of 14-10-2025