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2026 DAILYLAW 52203 (MAD)

Selvam v. The State Rep by The Inspector of Police

CRL OP/18655/2026 · 2026-07-16

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18655 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.07.2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 18655 of 2026 R.Selvam ..Petitioner/A2 Vs The State, Rep. By the Inspector of Police, Hasthampatty Police Station, Salem. Crime No.157 of 2026. ..Respondent Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 to enlarge the petitioner on anticipatory bail in the event of his arrest in respect of Crime No.157 of 2026 on the file of the respondent, pending investigation. For Petitioner : Mr.R.Senthil For Respondent(s): Mr.N.Palanivel Government Advocate (Crl.Side) ORDER The petitioner/A2, who apprehends arrest for the alleged offence punishable under Sections 61(2), 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 in Crime No.157 of 2026, on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 18655 of 2026 __________ Page2 of 6 2. The case of the prosecution is that this is a case of cheating. According to prosecution, the defacto complainant had leased out two cars, namely Mahindra Thar and Kia Carens bearing Reg.No.TN-303-DD-2727 and Reg.No.TN-54-AC-0921 respectively, to one Rithik Roson on a monthly basis. Thereafter, on 15.06.2026, the complainant allegedly received a GPS alert indicating that the tracking devices installed in both the vehicles had been disconnected. It is alleged that the GPS devices had been disconnected on the instructions of this petitioner, who allegedly pledged the vehicle. Hence, the case. 3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He has nothing to do with the alleged offence. He would submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police opposed the anticipatory bail application by reiterating the prosecution case and fairly submitted that the cars have been recovered and that the petitioner has no criminal antecedents. 5. From the submissions made by the learned Government Advocate, Criminal Side, it is seen that the cars have been recovered by the respondent police and that the petitioner has no criminal antecedents. https://www.mhc.tn.gov.in/judis CRL OP No. 18655 of 2026 __________ Page3 of 6 6. In such view of the circumstances, this Court is of the firm view that the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail with certain conditions. 7. Accordingly, the petitioner is ordered to be released on anticipatory 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 – III, Salem, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that: [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 suretyship (Judicial Form No.46 annexed to ‘The Criminal Rules of Practice, 2019]’. The learned Magistrate shall obtain a copy of any one of identity proofs to ensure their identity; [c] the petitioner shall report before the respondent police daily at https://www.mhc.tn.gov.in/judis CRL OP No. 18655 of 2026 __________ Page4 of 6 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation; [d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] the petitioner shall not abscond either during investigation or trial. [f] 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]; [g] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 16.07.2026 smv https://www.mhc.tn.gov.in/judis CRL OP No. 18655 of 2026 __________ Page5 of 6 To 1. The Judicial Magistrate – III, Salem. 2. The Inspector of Police, Hasthampatty Police Station, Salem. 3. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 18655 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. smv CRL OP No. 18655 of 2026 16.07.2026 https://www.mhc.tn.gov.in/judis