S.Deepan v. The State Rep by Its, the Inspector of Police

ORDER The petitioner, who apprehends arrest for alleged offences under Sections 316(2) & 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.186 of 2026 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant became Page2 of 5 acquainted with the accused through OLX while dealing in used cars. The accused offered to sell a BMW 5 Series car bearing Registration No. TN 45 BK 9000 and represented that the outstanding loan on the vehicle had to be cleared to obtain the documents and complete the sale. Believing this representation, the defacto complainant transferred a total sum of Rs.16,00,210/- to the accused on various dates. However, despite receiving the amount, the accused neither delivered the vehicle nor returned the money. Hence, the case was registered against the petitioner.

3.The learned counsel for the petitioner submitted that this is purely a commercial transaction, and even prior to the registration of the FIR, there was an exchange of notices between the parties. He further submitted that the petitioner has already filed a civil suit before the learned District Judge, Coimbatore, in O.S. No. 712 of 2026 for a money decree, directing the defacto complainant to pay a sum of Rs. 15,00,000/- to the petitioner.

4.The learned Government Advocate (Criminal Side) opposed the application, but fairly conceded that there are no criminal antecedents against the petitioner.

5.Considering the facts and circumstances of the case, and taking note of the fact that there are no criminal antecedents against the petitioner, this Court is Page3 of 5 of the view that the custodial interrogation of the petitioner is not necessary at this stage. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.

¶6Accordingly, 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.II, Tambaram, 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 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 report before the respondent police daily 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 Page4 of 5 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. 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. 23-07-2026 GBI To

1.The Judicial Magistrate No.II, Tambaram.

¶2The Inspector of Police T-22 Medavakkam Police Station, Chennai

3.The Public Prosecutor, High Court of Madras. CRLoOPoNo.o19741oofo2026 C.KUMARAPPAN,oJ. GBI CRLoOPoNo.o19741oofo2026 23-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN S.Deepan ..Petitioner(s) Vs The State rep by its, The Inspector of Police T-22 Medavakkam Police Station, Chennai Crime NO. 186 of 2026. ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner/Accused on bail in the event of arrest by the respondent police with respect of FIR in Crime No. 186 of 2026 dated 28.05.2026 on the file of T-22 Medavakkam Police Station respondent police and thus render Justice. For Petitioner(s): M/S. E.K.Kumaresan For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE)