Muniselvam v. State of Tamilnadu Rep by Inspector of Police, Srivilliputhur Town

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20/05/2026 CORAM THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR Muniselvam ... Petitioner/Rank Not Known Vs State of Tamilnadu Rep by, The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District. Crime No.245 of 2026. ... Respondent/Complainant PRAYER :-For Anticipatory Bail in Cr.No.245 of 2026 on the file of the Respondent Police. For Petitioner : M Mathan Karthick, Advocate. For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) ORDER : The Court made the following order :-

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 303(2) of BNS, 2023 in Crime No.245 of 2026 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on 11.05.2026 at about

01.45 p.m, the petitioner committed the offence of theft of motorcycle bearing Reg.No.TN-84-M-9770. Hence, a case has been registered against the accused for the aforesaid offences. Hence, this petition.

¶3The learned counsel for the petitioners would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) fairly submits that originally the defacto complainant obtained loan amount of Rs.50,000/- from the petitioner's finance company by handing over the original RC and thereafter, he failed to repay the same and hence, the vehicle was repossessed by the petitioner towards recovery of the outstanding loan amount and the investigating is still pending.

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

¶6Considering the rival submissions made on either side, the nature of the offences charged against the petitioner, and the fact that the there is a money dispute between the parties, I am inclined to grant anticipatory bail to the petitioner subject to certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner shall 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 No.2, Srivilliputhur, Virudhunagar District, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that: [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure heir identity; [b] the petitioner shall report before the respondent police once in a month ie., on first working day of every month 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, 2023. (R V J)

20.05.2026 dss TO

¶1The Judicial Magistrate No.2, Srivilliputhur, Virudhunagar District.

¶2The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. R.VIJAYAKUMAR,J DSS ORDER IN CRL OP(MD) No.9743 of 2026 Date : 20/05/2026