High Court · 2025

CRL OP(MD)No.4933 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 04/08/2025PRESENTTHE HONOURABLE MR. JUSTICE P. VADAMALAICRL OP(MD)No.4933 of 2025Thangakrishnan ...Petitioner/Accused No.1 Vs.State of Tamil Nadu rep. byThe Inspector of Police,Eathamozhi Police Station,Kanyakumari District.(Crime No.23 of 2025) ... Respondent/Complainant For Petitioner : Mr.D.Srinivasaragavan Advocate For Respondent: Mr.M.Karunanithi Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :- For Anticipatory Bail in Crime No.23 of 2025 on the file of the Respondent Police.ORDER : The Court made the following order :- The petitioner/Accused No.1, who apprehends arrest at the hands of the1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD)No.4933 of 2025respondent police for the offences punishable under Sections 471, 420, 294(b), 341 and506(ii) of IPC, in Crime No.23 of 2025 on the file of the respondent police, seeksanticipatory bail.2. The case of the prosecution is that on 17.12.2024, when the informant/defactocomplainant is in the office of Dharmapuram Village Panchayat, Accused No.2 cameto the office and enquired about paying the house tax of his house to Mrs.Suba, whois the house tax collector in the office. After perusing the record of the office the saidtax collector stated that there is no such house tax in the name of the accused/A2 andno permission get from the Panchayat Office to construct the house of Accused No.2.Immediately, Accused No.2 shows the receipt (No.D 92828) after verified the samenumber receipt was already given to one Mr.Rajalingam. When the defactocomplainant questioned the second accused about the receipt, he said that the firstaccused had given the receipt and received the payment as per the receipt. Both theaccused persons cheated the public by making false documents and also used the sealof the Panchayat. On 24.12.2024 at about 11.00 a.m. when the informant and oneLatha Gopal, who is ward member of the Panchayat went to the temple of SivaSudalaimadasamy at Puthenmuhilanvilai, she saw the accused and questioned aboutthe incident, the accused persons abused her by using filthy language and threatenedher and said that to defame the name of the President and wrongfully restrained her2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD)No.4933 of 2025and also threatened her with dire consequences. Hence, a case has been registered.3. The learned counsel appearing for the petitioner submitted that the petitioneris an innocent person and he has nothing to do with the alleged offence. He neverprinted any bogus receipt book and collected the money from the villagers as allegedin the complaint. The complaint is devoid of material particulars to when and howthe amount was collected. No amount of collection was mentioned in the FIR. Theregistration of FIR against this petitioner is clear abuse of process of law. Thepetitioner is an innocent person and he has not committed any offence as alleged bythe prosecution and falsely implicated in this case. He would further submit that theco-accused was already granted anticipatory bail on 21.03.2025 in Crl.M.P.No.1312 of2025 by the learned Principal Sessions Judge, Kanyakumari District at Nagercoil andhence, he seeks anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl.side) appearing for the respondentpolice submits that totally there are two accused in this case, in which the petitioner isarrayed as Accused No.1. The petitioner, along with other accused person, preparedthe bogus receipt book and collected the house tax by using the tax collector'ssignature illegally and thereby, causing loss to the Panchayat. On 24.12.2024 at 11.00a.m., when the same was questioned by the informant, the accused threatened herwith dire consequences by using Aruval. Hence, he opposed to grant anticipatory3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD)No.4933 of 2025bail to the petitioner. 5. Considering the facts and circumstances of the case, and also considering thearguments advanced by both side and taking note of the fact that the second accusedwas already granted anticipatory bail before the learned Principal Sessions Judge,Nagercoil in Crl.M.P.No.1312 of 2025, dated 21.03.2025 and that as the date ofregistration of FIR is 06.02.2025, by this time most of the investigation might havebeen completed and also the fact that the evidence are based on records, this Court isinclined to grant anticipatory bail to the petitioner, subject to certain conditions.6. Accordingly, the petitioner is ordered to be released on bail in the event ofarrest or on his appearance, within a period of fifteen days from the date on whichthe order copy made ready, before the Judicial Magistrate Court No.III, Nagercoil, oncondition that the petitioner shall execute a bond for a sum of Rs.10,000/- (RupeesTen Thousand only) with two sureties each for a like sum to the satisfaction of therespondent police or the police officer who intends to arrest or to the satisfaction ofthe Judicial Magistrate Court No.III, Nagercoil, failing which, the petition foranticipatory bail shall stand dismissed and on further condition that:(a) the petitioner and the sureties shall affix their photographsand left thumb impression in the surety bond and the Magistratemay obtain a copy of their Aadhar card or Bank pass Book to ensure4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD)No.4933 of 2025their identity;(b)the petitioner shall furnish his residential address andcontact number to the the learned Judicial Magistrate No.III,Nagercoil. In the event of any change in his residential address, thepetitioner shall report the same to the the learned Judicial MagistrateNo.III, Nagercoil;(c) the petitioner shall appear and sign before the respondentpolice daily at 10.00 a.m., until further orders;(d) the petitioner shall not tamper with evidence or witnesseither during investigation or trial;(e) the petitioner shall not abscond either during investigationor trial;(f) on breach of any of the aforesaid conditions, the learnedMagistrate/ Trial Court is entitled to take appropriate action againstthe petitioner in accordance with law as if the conditions have beenimposed and the petitioner released on bail by the learnedMagistrate/Trial Court himself as laid down by the Hon'bleSupreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW5560] and;5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD)No.4933 of 2025(g) if the accused/petitioner thereafter abscond, a fresh FIR canbe registered under Section 269 of BNS, 2023. sd/- 04/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023. vsdTO1 The Judicial Magistrate No.III, Nagercoil.2 The Inspector of Police, Eathamozhi Police Station,Kanyakumari District.3 The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.+1 CC to M/s.D.SRINIVASARAGAVAN, Advocate ( SR-8413[I] dated 05/08/2025 ) ORDER IN CRL OP(MD) No.4933 of 2025 Date :04/08/2025NBF/SAR- /25/08/2025/ 6P/5CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6