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Madras High CourtCRL OP(MD)/5761/2025allowed

Salavudeen v. The State Of Tamil Nadu,

2025-07-23Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Salavudeen, S/o.Sher Alikahan ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, K.K.Nagar Police Station, Trichy District.

(Crime No.168 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Manojkumar, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.168 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 336(3) and 345(3) of BNS, 2023 in Crime No.168 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 08.03.2025, at about 9.00 a.m., the defacto complainant, who was on regular patrol, noticed the petitioner's car bearing registration No.TN-45-CC-0027 (Innova Crysta GX), which actually belongs to an Ather 450X electric two-wheeler. Upon enquiring with the petitioner, it was found that the said number plate had not yet been duly registered. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that this is the second anticipatory bail application filed before this Court. In fact, the petitioner had purchased the said car in the year 2018 by availing a loan. Subsequently, he applied for the allotment of a registration number through a broker, namely Vincent. The said broker issued a certificate on 26.09.2019 stating that registration No.TN-45-CC0027 had been allotted to the petitioner's car, and he collected the amount without issuing any challan. Believing his statement, the petitioner continued to use the car bearing the said number. Thereafter, the petitioner came to know that his vehicle 2/6

had not been registered, allegedly due to non-payment, and that the said registration number had been allotted to another vehicle. The petitioner had no intention to cheat or to use any forged number plate. He submitted that the petitioner is an innocent person, and has not committed any offence as alleged by the prosecution. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner.

4. The learned Government Advocate (Crl. side) submitted that the petitioner is the sole accused in this case. The petitioner has been using a registration number in his car that actually belongs to an electric two-wheeler. He further submitted that the petitioner's vehicle has already been seized. However, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and also taking note of the fact that the petitioner's vehicle has already been seized, and that as the date of occurrence is 08.03.2025, by this time most of the investigation might have been completed, this court is inclined to grant anticipatory bail to the petitioner, with certain conditions. 3/6

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 days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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 Judicial Magistrate No.

II, Trichy, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a) the petitioner and 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 furnish his residential address and mobile number to the learned Judicial Magistrate No.II, Trichy. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.

(c) the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

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

(e) the petitioner shall not abscond either during investigation or trial; (f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action 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 Vs. State of Kerala [(2005) AIR SCW 5560] and; (g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 23/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1.The Judicial Magistrate No.II, Trichy.

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2.Do through the Chief Judicial Magistrate, Trichy.

3.The Inspector of Police, K.K.Nagar Police Station, Trichy District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.MANOJ KUMAR, Advocate ( SR-8028[I] dated 25/07/2025 )

ORDER

IN CRL OP(MD) No.5761 of 2025 Date :23/07/2025 PR/08.08.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6