Citation : 2026 Latest Caselaw 2575 Mad
Judgement Date : 14 May, 2026
CRL OP No. 12404 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL
CRL OP No. 12404 of 2026
Kaleeswari,
S/o.Karuppasamy,
No.76/2, Anna Colony,
Melachinnayapuram,
Thammanayakkanpatti,
T.Sedapatti, Virudhunagar - 626 204.
Vs
The State Rep By,
The Inspector of Police
Padalam Police Station,
Chengalpattu District.
(Crime No. 138 of 2026).
..Respondent(s)
PRAYER:-The Criminal Original Petition is filed under Section 482 of
B.N.S.S, to enlarge the petitioner on Anticipatory Bail in the event of his arrest
pending investigation in Crime No. 138 of 2026 on the file of the respondent.
For Petitioner(s): Mr.Vignesh Masilamani
For Respondent(s): Mr.S.Balaji
Government Advocate (Crl.Side)
ORDER
The petitioner / Accused, who apprehends arrest in the hands of the
respondent Police for the offences punishable under Sections 191(3), 296(b),
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115(2), 118(1), 140(3), 310(2), 351(3), 61(2)(a), 3(5) of BNS, 2023 in
connection with the Cr. No.138 of 2026, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner had purchased a car
by obtaining a loan from the State Bank of India. Due to the non-payment of
dues, the Bank employees seized the car from the petitioner. The petitioner
along with others obstructed the bank employees and caused damages to their
vehicle and took back the car. Hence, the case.
3. The learned counsel for the petitioner would contend that only the co-
accused had took the car from the Bank Employees. The petitioner is innocent
and he has been falsely implicated in the present case by the respondent and
hence the petitioner may be released on anticipatory bail.
4. The learned Government Advocate (Criminal Side) appearing for the
respondent police would submit that the petitioner along with others obstructed
the Bank employees and took back the car seized by them from the petitioner
and the petitioner has also caused damages to the Bank employees vehicle. He
would further submit that the car has been recovered from the petitioner and the
co-accused has been released on bail and hence, he strongly opposed to grant
anticipatory bail to the petitioner.
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5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions on either side, considering the nature
of offences, considering the fact that the dispute between the parties is with
regard to the re-payment of loan and the car has been recovered from the
petitioner and the co-accused has also been released on bail, this Court is
inclined to grant anticipatory bail to the petitioner subject to the following
conditions.
7. 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 Judicial Magistrate-II,
Maduranthakam 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 Magistrate concerned and on further
condition that:
[a] the petitioner shall report before the respondent Police daily at
10.00 a.m. for 30 days and thereafter as and when required;
[b] the petitioner shall not, directly or indirectly, make any inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade her from disclosing such facts to the Court or to any police officer;
[c] the petitioner shall not leave India without the previous permission of
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the Court;
[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
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].
[f] If the accused thereafter abscond, a fresh FIR can be registered under
Section 269 B.N.S.2023.
14-05-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
rst
Note:
1.Registry is directed to forthwith upload this order in the official website of this Court
2.All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.
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To:-
1.The Judicial Magistrate-II, Maduranthakam.
2.The Public Prosecutor, High Court of Madras.
3.The Inspector of Police, Padalam Police Station, Chengalpattu District.
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P.DHANABAL J.
rst
14-05-2026
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