High Court · 2025

CRL OP(MD). No.7977 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 29/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.7977 of 2025Kumar ... Petitioner/Accused No.2 VsThe State of Tamil Nadu,Rep. by the Inspector of Police,DCB Police Station,Sivagangai District,Crime No.7/2025.. ... Respondent/Complainant For Petitioner : Mr.C.Venkatesh, Advocate. For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :- For Anticipatory Bail in Crime No.7/2025 on the file of the Respondent-Police.1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7977 of 2025ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 25.04.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant an order of pre-arrest bail.2. The petitioner / accused No.2 apprehends arrest at the hands of therespondent-police for the offences punishable under Sections 406 and 420 IPC inCrime No.7 of 2025 on the file of the respondent-police.3. The case of the prosecution is that the petitioner and other accused personherein has contacted the defacto complainant and informed that they are running aretail shop in the name of Guru Traders and asked them to supply 21,829 Paddybags worth about Rs.2,83,77,700/- and assured to pay the amount at the time ofdelivery. The defacto complainant has also sent the same, but the petitioner andother accused person paid only a sum of Rs.1,66,77,700/- and the balance amountdid not paid to the defacto complainant. Hence, the case. 4. Mr.C.Venkatesh, the learned counsel for the petitioner, submits that thepetitioner is an innocent person, and he has not committed any offence as alleged by2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7977 of 2025the prosecution, and he has been falsely implicated in this case. He further submitsthat the petitioner is ready to abide any conditions to be imposed by this Court. Hetherefore prays for grant of pre-arrest bail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, the learned Additional PubliceProsecutor appearing for the respondent-police, submits that there was a businesstransactions between the parties and the petitioner has to pay the balance amount ofRupees One Crore and Seventeen Lakhs. He further submits that the investigationof the case is still pending and therefore, at this stage, if pre-arrest bail is granted tothe petitioner, he may cause threat to the defacto complainant and witnesses andcommit the similar offence. Accordingly, he prays to dismiss this Criminal OriginalPetition.6. Heard on both sides. This Court has perused the records. 7. On perusal of records, it is seen that there was a business transaction heldbetween the petitioner and the defacto complainant and it appears that thepetitioner is liable to pay some money to the defacto complainant. It is learnt thatthe complainant has not filed civil suit for recovery of money so far. This Court is of3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7977 of 2025the prima facie view that the dispute between the petitioner and the defactocomplainant is civil in nature. Hence, custodial interrogation of the petitioner is notnecessary in this case. To be noted that above view is recorded only to decide thisbail application alone. The aforesaid view of this Court will not cause prejudice tothe prosecution to establish its case during trial. The petitioner has permanentresidence and deep roots in the society. Therefore, there is less possibility forabsconding. Considering the same, and also considering the nature of offencesallegedly committed by the petitioner and with a view to give an opportunity to thepetitioner to reform himself, this Court is inclined to grant an order of pre-arrest bailto the petitioner subject to the following conditions.(i) The petitioner shall be released on bail in the event of his arrest or in theevent of his surrender before the learned Judicial Magistrate No.II, Sivagangai,within a period of 15 days from the date on which the order copy is made ready, onexecuting a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only)along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty FiveThousand only) to the satisfaction of the learned Judicial Magistrate No.II,Sivagangai. 4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7977 of 2025(ii) The sureties shall affix their photographs and left thumb impression in theApplication for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned Judicial Magistrate No.II, Sivagangai shall obtain acopy of any one of identity proofs to ensure their identity.(iii) The petitioner shall appear and sign before the respondent - Police weeklytwice ie., on every Monday and Friday at 10.00 am until further orders. (iv) The petitioner shall make himself available for interrogation by a policeofficer as and when required.(v) The petitioner shall not, directly or indirectly, make any inducement, threator promise to any person acquainted with the facts of the case so as to dissuade himfrom disclosing such facts to the Court or to any police officer.(vi) The petitioner shall not leave India without the prior permission of theCourt.(vii) The petitioner shall not directly or indirectly cause any threat to thedefacto complainant and the witnesses and shall also not tamper with the evidence. (viii) The petitioner shall furnish his residential address and mobile number tolearned Judicial Magistrate No.II, Sivagangai. (ix) On breach of any of the aforementioned conditions, the learned JudicialMagistrate No.II, Sivagangai or Trial Judge as the case may be is entitled to pass5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7977 of 2025appropriate orders against the petitioner in accordance with law as if theaforementioned conditions are imposed by them as laid down by the Hon'bleSupreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283]. 8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. Sd/-29/04/2025// True Copy // /05/2025Sub Assistant Registrar( CS-I / II / III / IV )Madurai Bench of Madras High Court,Madurai.VSG TO1.The learned Judicial Magistrate No.II, Sivagangai. 2.Do Through The Chief Judicial Magistrate, Sivagangai.6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7977 of 20253.The Inspector of Police, DCB Police Station, Sivagangai District.4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRL OP(MD) No.7977 of 2025 Date : 29/04/2025 KVL - ( 27.05.2025) 7P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 7/7