Agnidevan v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Agnidevan ... Petitioner /Accused Vs.
The State Rep by The Inspector of Police, Sooramangalam Police Station ... Respondent/ Complainant Crime No.103/2025 Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner/ accused on anticipatory bail in the event of his arrest by the first respondent/ complainant in Cr.No.103 of 2025 on the file of the first respondent police. For petitioner : Mr.Saigovindaraja Palanychamy For Respondent : Mr.S.Santhosh, Government Advocate (Crl.Side)
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 420 of IPC in Crime No.103 of 2025, on the file of the respondent police, seeks anticipatory bail. Page No.1 of 8
2. The case of the prosecution is that the defacto complainant had given a sum of Rs.50,000/- to the petitioner for weaving a silk saree; that the petitioner had neither woven the silk saree nor returned the money.
3. The learned counsel appearing for the petitioner submitted that the alleged offence took place in the year 2023; and that in any case, custodial interrogation is not required and sought for anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the case of the prosecution.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police and perused the materials available on record.
6. Considering the nature of the allegations, which pertain to a Page No.2 of 8
monetary dispute, and the fact that custodial interrogation is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.2, Salem, on condition that the petitioner shall execute a separate 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 their identity.
[b] the petitioner shall report before the respondent Page No.3 of 8
police on every Saturday 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 Supreem Court in "P.K.Shaji -vs- State of Kerala" reported in (2005) AIR SCW 5560.
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
10.03.2025 Page No.4 of 8
Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr Page No.5 of 8
To
1. The Inspector of Police, Sooramangalam Police Station.
2. The Public Prosecutor, Madras High Court, Chennai.
3. The Judicial Magistrate No.2, Salem Page No.6 of 8
SUNDER MOHAN, J.
skr Page No.7 of 8
10.03.2025 Page No.8 of 8