Captain Prabhakaran v. State Of Tamilnadu Rep By Inspector Of Police, Theppakulam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Captain Prabhakaran

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Theppakkulam Police Station, Madurai.

(Crime No. 420 of 2025) Respondent For Petitioner : Mr.Yasar Arafath Advocate.

For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 420 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- 1/6

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Section 420 of IPC in Crime No. 420 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant sold his auto to the A1's consulting firm in the name of Annai Auto Consulting for a sum of Rs.4,25,000/- and purchased a new auto for a sum of Rs.4,65,000/-. After purchasing the said auto, A1 did not give original RC to the defacto complainant. In the meantime, another finance company has seized the auto from the defacto complainant claiming that A1 had defaulted in due payment. Without knowledge of the defacto complainant, the accused persons mortgaged the auto. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. He would further submit that the 2/6

petitioner's name is not mentioned in the FIR. Hence, he prayed to grant Anticipatory Bail to the petitioner.

4. The learned Counsel for State of TN (Crl.Side) would submit that based on the complaint given by the defacto complainant, a case has been registered for the offences punishable under Section 420 of IPC in Crime No. 420 of 2025. He would further submit that the investigation is completed and the offences are grave in nature and hence, he opposed to grant anticipatory bail to the petitioner.

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

6. Considering the rival submissions made on either side and the nature of offences charged against the petitioner, and considering the facts that there is a dispute between the parties in respect of the ownership of the auto and already the investigaiton is completed and the charge sheet is also filed and also the petitioner's name is not mentioned in FIR, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

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[a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-I, Madurai, 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 learned Judicial Magistrate concerned and on further conditions that: [b] the petitioner shall report before the learned Judicial Magistrate-I, Madurai, on every Monday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the interrogation.

[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. 4/6

[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.

(P D B J) 17.06.2026 apd To 1.The Judicial Magistrate-I, Madurai.

2.The Inspector of Police, Theppakkulam Police Station, Madurai.

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

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P. DHANABAL, J apd

ORDER

IN CRL OP(MD) No. 11385 of 2026 Date : 17.06.2026 6/6