S.Subash v. State Of Tamilnadu Rep By Inspector Of Police, C-2 Subramaniapuram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 7715 of 2026 1.S.Subash 2.S.Muthu Kumar ... Petitioners Vs State of Tamil Nadu rep. by The Inspector of Police, C-2, Subramaniapurm Police Station, Madurai.

(Crime No.113 of 2026)

...Respondent/Complainant

For Petitioners : Mr.A,Muthuganesh, Advocate.

For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.113 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 316(2) and 318(4) BNS, 2023 of 2026 1/5

in Crime No.113 of 2026 on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused persons, took the defacto complainant's car on the pretext of a test drive and thereafter failed to return the same. Hence, the case.

3. The learned counsel for the petitioners submits that the petitioners are innocent and they were falsely implicated in this case and they are in no way connected in the above said incident. They have not committed any offence as alleged by the prosecution. Due to the existed enmity, the present case has been foisted against the petitioners. Hence, he prays to grant Anticipatory Bail to the petitioners.

4. The learned Additional Public Prosecutor submits that the offences are grave in nature. The defacto complainant intends to sell his old car. The petitioners showing their intentions to purchase the car, took the same for test drive and thereafter did not return the same. Now the car was also recovered and handed over to the defacto complainant The petitioners have some previous cases against them. Investigation is still pending. He opposed the grant of 2/5

anticipatory bail to the petitioners.

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 petitioners, there is previous dispute between the parties in respect of selling of car, though the petitioners have some previous cases against them, in all those cases they are granted bail, the car was also recovered and handed over to the defacto complainant and also considering all the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Madurai and on further conditions that: [b] the petitioners shall report before the respondent police at 10.30 a.m., on every Saturday, for a period of four weeks, thereafter, as and when required for interrogation;

[c] the petitioners shall not commit any offences of similar 3/5

nature.

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

[e] the petitioners 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 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J) 21.04.2026 TM To 1.The Judicial Magistrate No.IV, Madurai.

2.The Inspector of Police, C-2 Subramaniapuram East Police Station, Madurai.

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

4/5

P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 7715 of 2026 Date : 21.04.2026 5/5