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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Sivaprakasam Petitioner(s) Vs State, rep.by, The Inspector of Police, DCB, Dharmapuri District. (Crime No.

1 of 2024) Respondent(s) PRAYER The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to enlarge the petitioner on bail in the event of his arrest in connection Crime No. 1 of 2024 pending on the file of the respondent. For Petitioner(s):

Mr.V.Sakkarapani For Respondent(s):

Mr.S.Udaya Kumar Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest for the alleged offence under Sections 420, 506(2) of IPC, in Cr.No.1 of 2024 on the file of the respondent police seeks anticipatory bail.

2.The allegation against the petitioner is that the petitioner, in collusion with his son, collected Rs.30 lakh from three persons by falsely promising them Government employment. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is the father of A1 and he has been falsely implicated because of his relationship with his son; he did not directly collected any money. Therefore, the learned counsel prayed for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.side) for the respondent reported that A1 has already been arrested and no money has yet been recovered, and that the petitioner is also alleged to have collected money.

5.Heard both sides and perused the materials available on record. 6.Considering the fact that the defacto complainant paid money to the petitioner for a back-door Government job and that A1, the main accused, has already been arrested and released on bail, I am inclined to grant anticipatory bail to the petitioner, 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 made, before the learned Judicial Magistrate No.II, Dharmapuri on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that:

(a) If the petitioner fails to surrender before the concerned 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 everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (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 accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

30-10-2025 gbi

To 1.State, rep.by, The Inspector of Police, DCB, Dharmapuri District. (Crime No.

1 of 2024) 2.The Public Prosecutor High Court of Madras.

3.The Judicial Magistrate No.II, Dharmapuri.

K.RAJASEKAR J.

gbi CRL OP No. 14764 of 30-10-2025