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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR

1. S.Angamuthu

2. Chandramohan @ Mani

3. A.Arul Prakash ... Petitioners Vs.

State By, The Inspector of Police, Sankari Police Station, Salem District.

Crime No.394 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 the event of their arrest in Crime No.394 of 2025 on the file of the respondent police.

For Petitioner :

Mr.Prabakar Ramasamy For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side) 1/6

O R D E R

The petitioners herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 of IPC in Crime No.394 of 2025, on the file of the respondent Police, seek anticipatory bail.

2. The allegation against the petitioner is that the defacto complainant is the owner of the lorry and he has handed over the lorry to the petitioners on rental basis, however, petitioners failed to return back the lorry. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners were not in possession of the lorry and in the year 2021, the lorry was handed over the same to the defacto complainant. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that, lorry was handed over to the petitioners in the year 2018 and so far it has not been returned to the defacto complainant. 2/6

Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsels on either side and perused the materials available on record.

6. Considering the nature of allegations and the fact that the lorry was handed over to the petitioner in the year 2018 and in the year 2021, there was arrangements between the parties, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions:

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sankari on condition that each of the petitioners 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 condition that:

[a] if the petitioners fails to surrender before the 3/6

concerned Magistrate within a period of ten 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 the identity proofs to ensure their identity;

[c] the petitioners shall report before the respondent police daily at 10.30.a.m., for a period of three weeks and thereafter as and when required for interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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)13 SCC 283];

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[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 27.10.2025 sma To 1.The Judicial Magistrate, Sankari.

2.The Inspector of Police, Sankari Police Station, Salem District.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

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