Sithiganesh (Surya) @ Chithi Ganesan v. State Of Tamilnadu Rep By Inspector Of Police, Keeraithurai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21/04/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Sithiganesh (Surya) @ Chithi Ganesan ... Petitioner/Accused No.1 Vs State of Tamilnadu Rep by, The Inspector of Police, Keeraithurai Police Station, Madurai District.

Crime No.174 of 2026. ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No.174 of 2026 on the file of the Respondent Police.

For Petitioner : J.Krishnakannan, Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the 1/6

respondent for the offence punishable under Section 318(4) of BNS Act, in Crime No.174 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the son of the defacto complainant lost defacto complainant's ATM card. The petitioner and the other accused are alleged to have taken possession of the card and used it to withdraw a total of Rs.11,00,000/- from the defacto complainant's bank account. Hence, this case.

3. The learned counsel for the petitioners would submit that the petitioner is an innocent and he was falsely implicated in this case and he has no way connected in the above said incident. He would further submit that the son of the defacto complainant is said to have withdrawn the alleged amount from the defacto complainant's Canara Bank account on various dates through various ATMs by using defacto complainant's card without her knowledge for consuming alcohol and he also produced the photos to that effect and no previous case is pending against the petitioner. Hence, he prays to grant anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Crl. Side) would submit that the son of the defacto complainant lost his mother's ATM card. The petitioner and the other accused are alleged to have taken possession of the card and used it to withdraw a total of Rs.11,00,000/- from the defacto complainant's bank account. Hence, he strongly opposed to grant anticipatory bail to the petitioner. He would further submit that the investigation is still pending and the petitioner has no previous case.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side and the nature of offences charged against the petitioner, and there is a money dispute between the friends of the defacto complainant's son and the defacto complainant and no previous case is pending against the petitioner, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with 3/6

two sureties each for a like sum to the satisfaction of the Judicial Magistrate Court No.IV, Madurai, and on further conditions that:

[b] the petitioner shall report before the respondent police, daily at 10.30 a.m until further orders; [c] the petitioner shall not commit any offences of similar nature.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

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21.04.2026 dss To 1.The Judicial Magistrate Court No.IV, Madurai.

2.The Inspector of Police, Keeraithurai Police Station, Madurai District.

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

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P. DHANABAL,J dss

ORDER

IN CRL OP(MD) No.7204 of 2026 Date : 21/04/2026 6/6