Vasantharaj @ Vasantharaji v. State Rep By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :21.05.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Vasantharaj@ Vasantharaji ... Petitioner Vs.

State Rep by Inspector of Police Kadampuliyur Police Station, Cuddalore District.

Crime No.129 of 2025.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of B.N.S.S., Act, seeking to enlarge the petitioner on Anticipatory Bail in the event of arrest in Crime No.129 of 2025 on the file of the respondent police. For Petitioner : Mr.Sudhakar Kannusamy For Respondent : Mr.A.Gopinath, Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 316(4), 318(4) of BNS in Crime No.129 of 2025, seeks anticipatory bail. 1/6

2. The case of the prosecution is that one Pukazh is running a Company namely Black gold cashew at Irulakuppam, Cuddalore District. In his Company, the petitioner worked as Manager for the past one year and he was removed from that job two months before due to his acts. His Company has transactions with HDFC Bank, Panruti Branch. While being so, the petitioner had opened account in companies name at Karur Viysa Bank, Pondicherry. Thereafter, he asked defacto complainant's customer to send the money to Karur Viysa Bank Account and defacto complainant's customer namely one lio Agri Company sent a sum of Rs.1,64,749/- on 03.12.2024. Another customer viz., Jai Venkateswara sent a sum of Rs.2,52,966/- to Karur Viysa Bank account and totally a sum of Rs.4,17,715/- was paid to the said account. Hence the case.

3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case for the reason to defame the name of the petitioner. He further submitted that the petitioner is willing to abide by any stringent conditions that may be imposed by this Court. Therefore, he prays for grant of anticipatory bail to the petitioner. 2/6

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

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate II, Panrudi, 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 her photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of her Aadhar card or Bank pass Book to ensure her identity;

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[b] the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of two weeks; [c] the petitioner shall not abscond either 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.

21.05.2025 kmm Note:-

1. Registry is directed to forthwith upload this order in the official website of this Court.

2. All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.

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To

1. The Judicial Magistrate II, Panrudi.

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

3.The Public Prosecutor, High Court of Madras.

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N.SENTHILKUMAR, J.

kmm 21.05.2025 6/6