R Sunderrajan v. The State Rep.By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.35191 of 2025 R.Sunderrajan ... Petitioner

Versus

The State rep by its, The Inspector of Police, Mettupalayam Police Station, Coimbatore District.

(Crime No.408 of 2025) .. Respondent Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.408 of 2025 on the file of the respondent police. For Petitioner :

Mr.V.Chinnasamy For Respondent :

Ms.J.R.Archana Government Advocate (Crl. Side)

O R D E R

The petitioner, who apprehends arrest by the respondent police for the offences punishable under Section 386 of IPC, in Crime No.408 of 2025 registered on the file of the respondent police seeks anticipatory bail. 2.The allegation against the petitioner is that he is ranked as A4 and 1/5

that he approached A2 and A3 for the purchase of a car. Accordingly, the petitioner collected a sum of Rs.5 lakhs from them. Since the petitioner failed to give the car, A1 to A3 went to the house of the defacto complainant and demanded either repayment of the money or deliver the car. It is further alleged that they threatened the defacto complainant with dire consequences, pursuant to which the defacto complainant left the car and ran away from the scene of occurrence, and thereafter the car was taken into possession by A1 to A3. Hence, the complaint was lodged. 3.The learned counsel appearing for the petitioner submitted that the entire occurrence alleged in the FIR took place in the year 2023. He further submitted that the petitioner did not snatch away the car and that the only allegation against him is that he collected a sum of Rs.5 lakhs from 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 reiterated the prosecution case and submitted that the car is yet to be recovered and that A1 is still absconding. He further submitted that the petitioners/A2 & A3 were released on bail by this Court in Crl.OP.No.25193 of 2025 dated 15.09.2025. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner as well as the learned 2/5

Government Advocate (Crl.side) and perused the materials available on record.

6. Considering the submissions made by the learned counsel on both sides, the fact that the co-accused have already been released on bail in Crl.OP.No.25193 of 2025 dated 15.09.2025 and that the alleged occurrence took place in the year 2023, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on her appearance, within a period of fifteen

(15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate, Mettupalayam, Coimbatore District, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only), with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the respondent police, everyday at 10.30 a.m., for a period of 3/5

three weeks and thereafter as and when required for interrogation;

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the 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) AIR SCW 5560]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

02.01.2026 drl To 1.The Judicial Magistrate, Mettupalayam, Coimbatore District.

2. The Inspector of Police, Mettupalayam Police Station, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

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K.RAJASEKAR, J.

drl CRL.O.P.No.35191 of 2025 02.01.2026 5/5