R.Shanmugavel v. The State By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.09.2025

CORAM

THE HONOURABLE MRS T.V.THAMILSELVI CRL.O.P.No.15142 of 2025 R.Shanmugavel Petitioner Vs State by: Inspector of Police, Srimushnam Police Station, Cuddalore District.

Respondent Crime No.55 of 2025.

For Petitioner : Mr.M.Balaji For Respondent : Mr.S.Udhayakumar Government Advocate(Crl.Side)

ORDER

The Petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 115(2), 351(3), 316(2), 318(4) & 61(2) of BNS Act, in Crime No.55 of 2025 on the file of the respondent police, seeks anticipatory bail. 1/4

2. The case of the prosecution is that, due to property dispute, the petitioner cheated the defacto complainant. Hence, the complaint.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has been falsely implicated in this case. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

4. The learned Government Advocate (Crl. side) appearing for respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case.

5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

6. Considering the nature of the complaint and custodial interrogation of the petitioner is not required for the investigation, this Court is inclined to grant anticipatory bail to the petitioner. 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Viruthachalam, on condition that each of 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 2/4

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 petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] the petitioner shall report before the respondent police every Tuesday and Saturday at 10.30 a.m., for a period of eight weeks. [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 Petitioners 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];

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

12.09.2025 Index : Yes / No Internet : Yes / No kmm 3/4

T.V.THAMILSELVI , J.

kmm To

1. The Judicial Magistrate No.II, Viruthachalam.

2. The Inspector of Police, Srimushnam Police Station, Cuddalore District.

3.The Public Prosecutor, Madras High Court, Chennai.

CRL.O.P.No.15142 of 2025 12.09.2025 4/4