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Madras High CourtCRL OP/21221/2025granted

Elangovan v. State Rep By Its

2025-12-10Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR and Crl Mp No.14947 of 2025

1. Elangovan

2. Menaka Petitioner(s) Vs State rep by its Inspector of Police, CCB, Coimbatore City, Crime No.17 of 2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on Anticipatory bail in the event of his arrest in Crime.No.17 of 2025 on the file of Inspector of Police, CCB, Coimbatore City/Respondent Police.

For Petitioner(s):

T.Shanmugam For Intervenor Mr.N.Kamalanathan for M/s.A.Parthasarathy and Associates For Respondent(s):

Mr.J.R.Archana

Government Advocate (Crl. Side) Mediation Report Received File No.1542/25 Dt.21.11.25

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 318(4) & 61(2) of BNS 2023, in Crime No.17 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The allegation against the petitioners is that they received Rs.1,10,00,000/- from the defacto complainant by promising to arrange the supply of iron scraps and other materials, and subsequently misappropriated the money and cheated the defacto complainant. After hearing the parties, this Court referred the matter to Mediation, and the mediation report has been received. It is stated that the parties themselves have entered into a compromise. 3.Considering the fact that the defacto complainant and the petitioner have entered into a compromise, I am inclined to grant anticipatory bail with certain conditions:

4.Accordingly, the petitioners are ordered to be released on bail in the

event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate 7, Coimbatore District on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty 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 learned Magistrate concerned and on further condition that: [a] the petitioners shall report before the respondent police on everyday at 10.30 am., for a period of one week and thereafter as and when required for interrogation.

[b] the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. [c] the petitioners shall not leave India without the prior permission of the Court.

[d] the petitioners 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 abscond, a fresh FIR can be registered under Section 269 B.N.S.

10-12-2025 1/2 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.State rep by its Inspector of Police, CCB, Coimbatore City, Crime No.17 of 2025 2.The Judicial Magistrate 7, Coimbatore District.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 21221 of 10-12-2025