Crl.O.P.No.17310 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.17310 of 2026 Dhivakar. P ... Petitioner Vs. The State Rep by: The Inspector of Police, Thirumanur Police Station, Ariyalur District. (Crime No.07/2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.7 of 2026 on the file of the respondent Police. For Petitioner : Mr.B.Balamurugan For Respondent : Mr.N.Palanivel, Government Advocate (Crl.Side) O R D E R The petitioner apprehends arrest for the alleged offences under Sections 316(2), 318(4) and 296(b) of BNS in Crime No.07 of 2026, on the file of the respondent police seeks anticipatory bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17310 of 2026 2. The case of the prosecution is that A1 is the brother in law of the de- facto complainant and A2 is the wife of A1. Both along with the petitioner have obtained gold loan from Muthoot Finance, Thirumanur, Ariyalur in the name of A1 for a sum of Rs.1,90,500/- by pledging gold jewels belonging to the de-facto complainant. However, the mortgage of gold jewels was not redeemed by the accused and thus, they cheated the de-facto complainant and apart from that, abused the defacto complainant in filthy language. Hence, the case. 3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. He further submitted that he is ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and vehemently opposed to grant anticipatory bail to the petitioner. 5. I have given my anxious consideration to either side submissions. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17310 of 2026 6. From the submissions made by the learned counsel appearing on either side and the materials available on record, it is seen that the dispute arises out of a family issue relating to the sharing of jewels. The de-facto complainant is a close relative of the petitioner and through the petitioner, had pledged certain gold jewels. It is the case of the prosecution that the said jewels have not been returned to the de-facto complainant. At this juncture, the learned counsel for the petitioner placed reliance upon the order dated 15.06.2026 passed by this Court in Crl.O.P.No.13301 of 2026, whereby anticipatory bail was granted to the co-accused. Placing reliance on the said order, the learned counsel for the petitioner seeks parity. Though the learned Government Advocate (Crl.Side) opposed the petition, he fairly admitted that the co-accused, who are similarly placed, have already been enlarged on anticipatory bail. In such view of the matter, this Court is inclined to extend the benefit of parity to the petitioner as well. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain 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 (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 petitioner shall execute a 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17310 of 2026 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 petitioner 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 petitioner 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 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. 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17310 of 2026 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. 07.07.2026 kv 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. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17310 of 2026 C.KUMARAPPAN.J. kv Crl.O.P.No.17310 of 2026 07.07.2026 6/6 https://www.mhc.tn.gov.in/judis