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Madras High CourtCRL OP/8779/2026granted

Praveen v. The State Rep By, The Sub-Inspector Of Police

2026-04-08Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Praveen No 20/10 Neela North Street Nagapattinam District ..Petitioner(s) Vs The State Rep By, The Sub-Inspector Of Police Nagapatiinam Town Police Station, Nagapattinam District (Crime No.360 of 2025) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to grant anticipatory bail to the petitioner in the event of arrest in connection with Crime No.360 of 2025 on the file of the respondent police. For Petitioner(s):

Mr.Luqmaan Sheriff H For Respondent(s):

Mr.P.Dhileepan Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 316(2), 318(2), 318(3), 318(4) & 351(2) of BNS, in Crime No.360 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that he collected a sum of Rs.7,00,000/- from the defacto complainant on 15.04.2025, on the promise of securing a job in a shipping company, and having failed to fulfil the same, the present complaint has been registered against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in this case. He further submitted that an earlier complaint was registered against the petitioner was closed on the ground that the amount was not paid to the petitioner but to an agency. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the occurrence took place on 15.04.2025 and the FIR was registered on 08.08.2025. Hence, he opposed to grant anticipatory bail to the petitioner.

5. I have given my anxious consideration to either side submissions.

6. Taking into consideration the nature of the allegation against the petitioner and the fact that the occurrence is alleged to have taken place on 15.04.2025, whereas the FIR came to be registered on 08.08.2025, this Court is of the firm view that, at this length of time, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to 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 (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Nagapattinam, 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 learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent

police daily at 10.30 am for a period of two weeks and thereafter as and when required;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

08-04-2026 DRL To 1.The Judicial Magistrate, Nagapattinam.

2. The Sub-Inspector Of Police Nagapatiinam Town Police Station, Nagapattinam District.

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 08-04-2026