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2026 DAILYLAW 50590 (MAD)

Selvaraj v. The State of Tamilnadu Rep. by

CRL OP/16775/2026 · 2026-07-10

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 16775 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 16775 of 2026 Selvaraj Old No.1, New No.3, Subburaian Muthali Street, Otteri, Perambur Barracks, Chennai ..Petitioner(s) Vs The State of Tamilnadu Rep. by The Inspector of Police, MKB Nagar Police Station, Chennai - 600 039. ..Respondent(s) PRAYER: This Criminal Original Petition is filed under Section 482 of BNSS, praying to grant the anticipatory Bail in the event of him in connected Crime No.105 of 2026 on the file of the Respondent. For Petitioner(s): M/S. M.Jayakumar For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE) ORDER The petitioner apprehends arrest for the alleged offences under Sections 316(2), 318(4), 296(b), 3(5) of BNS 2023 in Crime No.105 of 2026 on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 16775 of 2026 __________ Page2 of 6 2. The case of the prosecution is that the de facto complainant, a driver by profession, availed a loan from the petitioner by mortgaging the Registration Certificate (RC) book of his vehicle. Despite the de facto complainant clearing all the dues, the petitioner failed to return the RC book. Hence, the present complaint. 3. The learned counsel for the petitioner submitted that the defacto complainant has not cleared the outstanding dues and the petitioner has not cheated the defacto complainant as alleged by the prosecution. He further submitted that co-accused had already granted anticipatory bail vide order of this Court dated 09.03.2026 in Crl.O.P.No.6060 of 2026. The petitioner is innocent and a false case has been foisted against the petitioner. Hence, the petitioner seeks for grant of anticipatory bail. 4. Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed to grant anticipatory bail to the petitioner. 5. I have given my anxious consideration to either side submissions. https://www.mhc.tn.gov.in/judis CRL OP No. 16775 of 2026 __________ Page3 of 6 6. Considering the contractual obligation in respect of loan transaction between the parties and also considering the nature of allegation and also considering the fact that the co accused had already granted anticipatory bail, this Court is of the firm view that, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, 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 X Metropolitan Magistrate, Egmore, Chennai on condition that the petitioner shall 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 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 slip (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; https://www.mhc.tn.gov.in/judis CRL OP No. 16775 of 2026 __________ Page4 of 6 (c) The petitioner shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter as and when required; (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 is 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. 10-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MFA https://www.mhc.tn.gov.in/judis CRL OP No. 16775 of 2026 __________ Page5 of 6 To 1. The X Metropolitan Magistrate, Egmore, Chennai 2. The Inspector of Police, MKB Nagar Police Station, Chennai - 600 039. 3. The Public Prosecutor, High Court, Chennai. https://www.mhc.tn.gov.in/judis CRL OP No. 16775 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. MFA CRL OP No. 16775 of 2026 10-07-2026 https://www.mhc.tn.gov.in/judis