S PANNEER SELVAM v. The State Rep by The Inspector of Police
CRL OP/13301/2026 · 2026-06-15
C Kumarappan
Transfer Petitionbody2026
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[ 2026 DAILYLAW 36404 (MAD) · dailylaw.ai ]
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[ 2026 DAILYLAW 36404 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 13301 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-06-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 13301 of 2026
1. S Panneer Selvam No- 62A, Ganthi Nagar, Thirumanur Taluk, Ariyalur District.
2. P Kadalkanni W/o S.Panner Selvam, No- 62A, Ganthi Nagar, Thirumanur Taluk, Ariyalur District. ..Petitioner(s) Vs The State represented by: The Inspector of Police No- 62A, Ganthi Nagar, Thirumanur Taluk, Ariyalur DistrictThe Inspector of Police Thirumanur Police Station, Ariyalur District. (Crime No 07/2026) ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioners on Anticipatory bail in the event of their arrest in Crime No.7 of 2026 on the file of the Respondent Police. For Petitioner(s): Mr. Balamurugan B For Respondent(s): Mr. N. Palanivel, Government Advocate (Criminal Side). https://www.mhc.tn.gov.in/judis
CRL OP No. 13301 of 2026 __________ Page2 of 6
ORDER The petitioners, who apprehend arrest for the alleged offences under Sections 316(2), 318(4) and 296(b) of B.N.S. in Crime No.7 of 2026, on the file of the respondent police, seek anticipatory bail. 2. The case of the prosecution is that 1st petitioner is the brother in law of the defacto complainant and the 2nd petitioner is the wife of the 1st petitioner. Both have obtained gold loan from Muthoot Finance, Thirumanur, Ariyalur in the name of the 1st petitioner for a sum of Rs.1,90,500/- by pledging gold jewels belonging to the defacto complainant. However, the mortgage of gold jewels was not redeemed by the accused and thus, they cheated the defacto complainant and apart from that, abused the defacto complainant in filthy language. Hence the case. 3. The learned counsel for the petitioners submitted that the 1st petitioner is the brother-in-law of the defacto complainant and he is a blind, working as a School teacher and the 2nd petitioner is the wife of the 1st petitioner. He would further submit that the defacto complainant is the own brother of the 2nd petitioner. It is the further contention of the learned counsel that according to the prosecution case, the petitioners received gold jewels from the defacto complainant and pledged the same with a Pawn Broker. However, the https://www.mhc.tn.gov.in/judis
CRL OP No. 13301 of 2026 __________ Page3 of 6 petitioners have not redeemed the same and returned to the defacto complainant. He would further submit that the petitioners are innocent persons and a false complaint has been foisted against them and prays to enlarge them on anticipatory bail. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police has reiterated the prosecution case and opposed to grant anticipatory bail to the petitioners stating that the petitioners cheated the defacto complainant to the tune of Rs.1,90,500/- and the 1st petitioner has one murder case pending against him. 5. Heard the submissions made by the learned counsel on either side and perused the materials available on record. 6. From the submissions made by the learned Government Advocate, it is seen that the entire issue revolves around pledging of gold jewels worth about Rs.1,90,000/-.
In this case, FIR came to be registered on 06.01.2026 and though the 1st petitioner has one previous case of murder, considering his physical condition as he, being a blind person and the 2nd petitioner is a woman, also upon the fact that entire issue revolves around pledging of jewels to the tune of Rs.1,90,500/-, this Court is of the view that the custodial interrogation of the petitioners is not required. It is also relevant to mention that this Court by an https://www.mhc.tn.gov.in/judis
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order dated 21.05.2026, referred the matter for mediation, whereas mediation was also tried, however, no agreement was reached out. Therefore, taking into
consideration of the above circumstances, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions:
7. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.2, Ariyalur, on condition that the petitioners shall each execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioners fail to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this
order, this order shall stand automatically cancelled; (b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) The petitioners shall appear and sign before the concerned Court i.e., Judicial Magistrate Court No.2, Ariyalur daily at 10.30 a.m., and 5.30 https://www.mhc.tn.gov.in/judis
CRL OP No. 13301 of 2026 __________ Page5 of 6 p.m., for a period of two weeks and thereafter as and when required before the respondent police for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 15-06-2026 MJS 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 the official website of this Court will be watermarked and will also have a QR code. To
1. The Judicial Magistrate No.2, Ariyalur.
2. The Inspector of Police, Thirumanur Police Station, Ariyalur District.
3. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis
CRL OP No. 13301 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. MJS CRL OP No. 13301 of 2026 15-06-2026 https://www.mhc.tn.gov.in/judis