Manokaran @ Murugasamy v. State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Manokaran @ Murugasamy ..Petitioner(s) Vs State by Inspector of Police Palladam Police Station, Tiruppur District.

..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of BNSS Act, 2023, praying to enlarge the petitioner on bail in the event of arrest pending investigation in Crime No. 1158 of 2025 on the file of the Respondent Police Station.

For Petitioner(s):

Mr.Rahamath Ali No Appearance For Intervenor:

For Respondent(s):

Ms.J.R.Archana Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offences under Sections 316(2) of BNS (406 IPC), in Crime No.1158 of 2025, on the file of the respondent police seeks anticipatory bail.

2.The allegation against the petitioner is that the petitioner induced the defacto complainant to part with money for the purpose of securing Government tenders and, accordingly, collected a sum of Rs.23.75 lakhs. Subsequently, he repaid only Rs.8,00,000/-, and the remaining amount was allegedly misappropriated by him. Hence, the case. 3.The learned counsel for the petitioner submitted that the petitioner's wife and the defacto complainant are partners in a firm, and that two partnership firms were managed by the defacto complainant. The petitioner demanded accounts and sought certain explanations, and therefore a false case has been foisted against the petitioner. He further submitted that a counter case has been lodged by the petitioner and that dispute regarding the collection of money has been given a criminal colour. Hence, he prayed for the grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) for the respondent police reiterated the prosecution case and submitted that the petitioner has cheated the defacto complainant to the extent of Rs.23.75 lakhs and the investigation in this case is pending. Hence, he opposed for the grant of anticipatory bail to the petitioner.

5.I have also gone through the records and other connected materials and it revealed that the petitioner's wife and the defacto complainant are the partners in two firms and that the defacto complainant is also managing the said firms. Considering the nature of allegations and the materials available on record, this Court is of the view that custodial interrogation is not necessary, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate, Palladam, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a) 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 their identity;

(b) the petitioner shall appear before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

05-02-2026 GBI To 1.State by Inspector of Police Palladam Police Station, Tiruppur District.

2.The Judicial Magistrate, Palladam.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

GBI 05-02-2026