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Mani v. The State Rep.By, the Inspector of Police,

GRANTED
Court
High Court of Madras
Decided
26 February 2026
Bench
K.Rajasekarauthor
Case no.
CRL OP 4823/2026

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Judgment

ORDER The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 329(3), 296(b), 351(3) r/w. 303(2) of BNS in Crime No. 381 of 2025, seek anticipatory bail.

¶2The allegation against the petitioners is that A2 come forward to sell his Bolero Pickup vehicle to A1 and was awaiting receipt of the sale consideration. However A1, instead of handing over the money, handed over the vehicle to one Munusamy and requested him to pay the money, stating that Munusamy would in turn collect the money from the defacto complainant. However, Munusamy has not paid the money to either A1 or A2. Hence, A1 and A2 went to the place of the defacto complainant and taken away the vehicle; hence, the complaint.

¶3The learned counsel for the petitioners would submit that the petitioners are ranked as A2 and A3 and they went to place of defacto complainant and taken away the property and now the property has been seized and is in the custody of the respondent. Therefore. he prays for grant anticipatory bail to the petitioners.

¶4The learned Government Advocate (Crl.side) appearing for the Page2 of 5 respondent police reiterated the prosecution case and submitted that the property has been recovered and the investigation in this case is pending. Hence, she vehemently opposed to grant anticipatory bail to the petitioners.

¶5Considering the nature of the allegations and the fact that the property has been recovered and though the investigation is pending, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

¶6Accordingly, 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 made ready, before the learned District Munsif Cum Judicial Magistrate, Pochampalli, on condition that the petitioner shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:

(a) If the petitioners fails 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]'. Page3 of 5 The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

(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 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 26-02-2026 MPA To

1.The District Munsif Cum Judicial Magistrate, Pochampalli.

2.The State Rep.by, The Inspector of Police, Pochampalli Police Station, Krishnagiri District, (Crime No.381/2025)

3.The Public Prosecutor, High Court, Madras. Page4 of 5 CRLoOPoNo.o4823oofo2026 K.RAJASEKAR,oJ. MPA CRLoOPoNo.o4823oofo2026 26-02-2026 Page5oofo5

Case details

Parties and counsel

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-02-2026 CORAM THE HON'BLE MR.JUSTICE K.RAJASEKAR 1.Mani S/o. Appchi, 8/115, Inthiranagar, Jallipatti, Udumalpet Taluk, Tiruppur District. 2.Gowtham S/o. Karnan, 8/223, Vetrivel Street, Dhali Post, Udumalpet, Tiruppur District. ..Petitioner(s) Vs The State Rep.by, The Inspector of Police, Pochampalli Police Station, Krishnagiri District, (Crime No.381/2025) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on Bail in the event of arrest in Crime No.381/2025, on the file of the Respondent Police. For Petitioner(s): Sujith G For Respondent(s): M/S.J.R.Archana Government Advocate (Crl.Side) Page1 of 5

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.