Soundarajan v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2026

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Soundarajan

...Petitioner

Vs.

State rep. by, The Inspector of Police, Mannargudi Town Police Station, Thiruvarur District.

Crime No.566 of 2021

...Respondent

Criminal Original Petition filed under Section 482 of BNSS, seeking to enlarge the petitioner on bail in the event of his arrest in Crime No.566 of 2021, pending on the file of the respondent police. For Petitioner : Mr.Swami Subramanian For Respondent : Mr.P.Dhileepan Government Advocate (Criminal Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 489(B) of IPC in Crime No.566 of 2021 on the file of the respondent, seeks anticipatory bail.

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2. The case of the prosecution is that one Sivaguru handed a counterfeit Rs.2,000/- currency note to the de facto complainant to purchase clothes worth Rs.1,000/-, and subsequently received the balance in change. Subsequently, when the de facto complainant's brother-in-law attempted to use the said note at a petrol bunk, he was informed that the said Rs.2,000/- note was counterfeit. Hence the case.

3. Learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that this Court had previously granted the petitioner anticipatory bail, vide order dated 16.11.2021 made in Crl.O.P.No.21357 of 2021. However, owing to his advanced age, the petitioner was unable to comply with the conditions imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of anticipatory bail to the petitioner. He further submitted that while the petitioner had previously been granted the same relief, he miserably failed to comply with the conditions imposed therein, and this is his second anticipatory bail application.

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5. Heard both sides and perused the materials available on record.

6. Considering the above facts and circumstances of the case and the nature of the allegation and further taking note of the fact that this Court had previously granted anticipatory bail to the petitioner, 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.I, Mannargudi, Thiruvarur District, on condition that the petitioner shall execute a 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 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;

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[b] the petitioner shall report 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 abscond during during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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];

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.

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To:

1. The Judicial Magistrate No.I, Mannargudi, Thiruvarur District.

2. The Inspector of Police, Mannargudi Town Police Station, Thiruvarur District.

3. The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN , J.

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