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2026 DAILYLAW 45384 (MAD)

K.Bharathipriyan v. State rep.by

/17055/2026 · 2026-07-03

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 17055 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17055 of 2026 1. K.Bharathipriyan S/o.Kanniappan, No.5A, Leelavathi Nagar, Tambaram, Chennai-600 059. 2. S.L.Rajesh S/o.Lourdh, No.3/315,Barathidasan street, Ganapathi nagar, Vadalur, Kancheepuram, Tamilnadu-600 048. ..Petitioners/ Accused 1 &2 Vs State rep.by The Inspector of Police, Thudiyalur police station, Coimbatore city. Cr.No.228 of 2026. ..Respondent/ Complainant CRL OP No. 17055 of 2026 PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to grant Anticipatory Bail to the petitioners in the event of their arrest or surrender in connection with Crime no. 228 of 2026 pending investigation on the file of the Respondent Police. https://www.mhc.tn.gov.in/judis CRL OP No. 17055 of 2026 __________ Page2 of 6 For Petitioner(s): Mr. Kandasamy Bommuraj For Respondent(s): Ms.R.S.Indira, Govt.Advocate (crl.Side) Order The petitioners apprehend arrest for the alleged offence under Sections 303(2) of BNS, 2023 in Crime No. 228 of 2026 on the file of the respondent police seek anticipatory bail. 2. The case of the prosecution is that the de facto complainant was working as an AGM at Kritilals Clinic, "The Dentist". On 08.05.2026, at about 6.40 p.m., he parked his Benz car bearing Registration No. TN-22-DA-6066 in front of Sri Sakthi Finance. After completing his work, he returned and found that the car was missing. Upon verifying the CCTV footage, it was revealed that certain unknown persons had taken away the said car from the parking area. Hence, the case has been registered against the petitioner. 3. The learned counsel for the petitioners submitted that the earlier anticipatory bail application was dismissed with a direction for recovery of the car, and that the said vehicle has since been recovered and is now in the custody of the respondent police. He further submitted that the petitioners are innocent and have been falsely implicated in the present case. According to the learned counsel, the petitioners have not committed any of the offences alleged by the https://www.mhc.tn.gov.in/judis CRL OP No. 17055 of 2026 __________ Page3 of 6 de facto complainant. He further submitted that the petitioners are willing to abide by any condition that may be imposed by this Court and are ready to cooperate with the investigation. Hence, he prayed that anticipatory bail be granted to the petitioners. 4. The learned Government Advocate (Crl. Side), appearing for the respondent police, reiterated the case of the prosecution and, upon instructions, submitted the petitioner has no previous case and she fairly admitted the factual contention put forth by the learned counsel for the petitioners regarding the recovery of the vehicle. 5.This Court has considered the submissions made on either side. 6.Considering the submissions made by the learned Government Advocate (Crl. Side), it is seen that the earlier anticipatory bail application was dismissed as there was no recovery of car. It is not in dispute that the said vehicle has now been recovered and is in the custody of the respondent police. In view of the recovery of the material object, the very purpose for which the earlier anticipatory bail application was rejected stands substantially fulfilled and considering the fact that the petitioners have no previous criminal antecedents, this Court is of the considered view that the custodial interrogation of the petitioners is no longer required. Accordingly, this Court is inclined to https://www.mhc.tn.gov.in/judis CRL OP No. 17055 of 2026 __________ Page4 of 6 enlarge the petitioners on anticipatory bail, subject to certain conditions. 7. Accordingly, the petitioners are ordered to be released on 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, Coimbatore, on condition that the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), each with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a)If the petitioners fails to surrender before the concerned learned 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 before the respondent police at 10.30 am for the period of two weeks and thereafter as and when required for the purpose of interrogation. https://www.mhc.tn.gov.in/judis CRL OP No. 17055 of 2026 __________ Page5 of 6 (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 03-07-2026 JRS To 1.The Judicial Magistrate, Coimbatore. 2.The Inspector of Police, Thudiyalur police station, Coimbatore city. Cr.No.228 of 2026. 3.The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis CRL OP No. 17055 of 2026 __________ Page6 of 6 C.KUMARAPPAN J. JRS CRL OP No. 17055 of 2026 03-07-2026 https://www.mhc.tn.gov.in/judis