Kaleeswaran v. The State of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Kaleeswaran ...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, City Crime Branch Trichy. (Crime No. 01 of 2026 )

...Respondent

For Petitioner : Mr.M.Pitchai Muthu

Advocate.

For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :-For Anticipatory Bail in Cr.No. 01 of 2026 on the file of the respondent police. ORDER : The Court made the following order :-

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 316(2), 318(2), 318(4), 351(3) of BNS, 2023 in Crime No. 01 of 2026 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the defacto complainant pledged his property for availing loan and the same was given to the petitioner through cheques for business investment. However, he failed to return the said amount. Now, the property was aquired by the bank. Hence, the case.

¶3The learned counsel for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. He would further submit that the alleged occurrence took place in the year from 2016 to 2024, and however, FIR has been registered only on 06.01.2026. Hence, he prayed to grant Anticipatory Bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) would submit that based on the complaint given by the defacto complainant, a case has been registered for the offences punishable under Sections Sections 316(2), 318(2), 318(4), 351(3) of BNS, 2023 in Crime No. 01 of 2026. He further submits that there is a money dispute between the parties and the petitioner has no previous case. He would further submit that the investigation is pending and the offences are grave in nature and hence, he opposed to grant anticipatory bail to the petitioner.

¶5Heard both sides and perused the materials available on record.

¶6Considering the rival submissions on either side and the nature of offences charged against the petitioner, and considering the facts that the occurrence took place in the year from 2016 to 2024, and however, FIR has been registered only on 06.01.2026 and even according to the prosecution, the defacto complainant issued cheques in favour of the petitioner and there is a money dispute between the parties and the petitioner has no previous case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate-I, Trichy, and on further conditions that: [b] the petitioner shall report before the respondent police, daily at 10.30 a.m. until further orders; [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J)

09.04.2026 apd

To

1.The Judicial Magistrate-I, Trichy.

2.The Inspector of Police, City Crime Branch Trichy.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLeOP(MD).eNo.e5615eofe2026 oooooP.oDHANABAL,oJ oooooooooooooooooooooooooooooooooooooooooooooapd oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.o5615oofo2026 ooooooooooooooooooooooooooooooDateoo:o09.04.2026