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Madras High CourtCRL OP/17644/2025granted

Natrajan @ Natarajan v. The State Rep. By The Inspector Of Police,

2025-06-27Honourable Mr Justice M. Nirmal Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2025

CORAM

THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR 1.Natrajan @ Nataraj 2.Manvishi 3.Athiyaman ... Petitioners Vs The State Rep. By Inspector of Police, Pallavaram Police Station, Tambaram, Chennai.

Crime No.526/2022.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioners bail in the event of the arrest in connection with the Crime No.526/2022 on the file of the respondent Police.

For Petitioners : Mr.T.Balachandran For Respondent : Mr.R.Vinothraja Government Advocate (Criminal Side)

ORDER

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The petitioners, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 406, 420 and 506(i) of IPC in Crime No.526 of 2022, on the file of the respondent Police, seek anticipatory bail.

2.The learned counsel for petitioners submits that the petitioners are innocent persons and they have nothing to do with the alleged offence. He further submits that already this Court by order dated 14.06.2023 in Crl.O.P.No.11579 of 2023 had granted anticipatory bail to the petitioners with conditions, in which one of the condition is that the petitioners to deposit the original title deed of immovable property worth of Rs.20 lakhs at the time of furnishing sureties. Due to health ailments, the 1st petitioner could not comply with the conditions of this Court, hence the anticipatory bail already granted is cancelled automatically. Now, the petitioners are ready to comply with the condition of this Court, hence prays for anticipatory bail. 3.Learned Government Advocate (Criminal Side) appearing for the respondent Police submitted that eventhough the petitioner obtained Page No.2 of 6

extension of time on 18.08.2023 in Crl.MP.No.12008 of 2023 in Crl.OP.No.11579 of 2023, he failed to comply with the conditions. Hence, he strongly opposed for anticipatory bail to the petitioner once again. 4.It is seen that earlier this Court by order, dated 14.06.2023 in Crl.O.P.No.11579 of 2023 had granted anticipatory bail to the petitioner with conditions and one of the condition is that the petitioner to deposit the original title deed of the property worth of Rs.20 lakhs at the time of furnishing sureties. The petitioner thereafter filed an extension petition in Crl.MP.No.12008 of 2023 in Crl.OP.No.11579 of 2023 and this Court by order dated 18.08.2023 had granted time till 05.09.2023 but with a rider that if the petitioners fails to comply with the conditions, the order passed by this Court shall stand automatically cancelled without any further extension. For this reason, the present anticipatory bail is filed. The 1st petitioner is a senior citizen and since he was not well, within the stipulated time he could not comply with the conditions.

5.In view of the above, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Pallavaram, Chennai on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 said Magistrate, on further condition that:

[a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b]The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identify proofs to ensure their identity; [c]the petitioners shall report before the respondent Police daily at 06.30 a.m., until further orders;

[d]the 1st petitioner shall deposit original title deeds of documents of immovable property worth of Rs.20 lakhs at the time of furnishing sureties. [e] the petitioners shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial; [f] the petitioners shall make themselves available for interrogation by a Police officer as and when required;

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[g] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, they shall comply to the directions as may be given by the Court in this regard;

[h] the petitioners shall not abscond either during investigation or trial; [i] 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 petitioners 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];

[j] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

27.06.2025 vv2 M.NIRMAL KUMAR, J.

vv2 To 1.The Judicial Magistrate, Pallavaram, Chennai.

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2.The Inspector of Police, Pallavaram Police Station, Tambaram, Chennai.

3.The Public Prosecutor, Madras High Court.

27.06.2025 Page No.6 of 6