M.Velmurugan v. The Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.21218 of 2025 M.Velmurugan ... Petitioner Vs.

The Station House Officer, Bahour Police Station, Puducherry.

... Respondent (Cr.No.18 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioners on bail in the event of his arrest by the respondent police in Crime No.18 of 2025 on the file of the respondent police.

For Petitioner : Mr.K.Shyam Sunder For Respondent : Mr.M.V.Ramachandra Murthy Additional Public Prosecutor (Puducherry)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 34, 420 and 506(i) of IPC in Cr.No.18 of 2025, on the file of the respondent police seeks anticipatory bail.

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2. The allegation against the petitioner is that he, along with the other accused, received a sum of Rs.11,50,000/- from the defacto complainant on the pretext of securing employment in a Government Department. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that the transaction between the parties is purely a money transaction, and in this regard, a promissory note was also executed in the year 2024. The learned counsel further submitted that the arrested co-accused have already been released on bail. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that, as per the FIR, the petitioner had received the money by promising to secure employment but, upon failing to do so, executed a promissory note. Since the amount has not been repaid, he strongly opposed the grant of anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record. 2/6

6. Considering the facts and circumstances of the case, the submissions made by both counsels, and taking note of the fact that the arrested co-accused have already been enlarged on bail, and that the petitioner is alleged to have received money on the promise of securing employment, it appears that the defacto complainant had also voluntarily paid money for obtaining illegal employment in a Government Department could not be over sighted. Further, promissory note was executed subsequently in the year 2024, 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 ready, before the learned Judicial Magistrate-VII, Puducherry on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 3/6

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 three 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.

26.09.2025 Vv 4/6

To

1. The Judicial Magistrate-VII, Puduchery.

2. The Station House Officer, Bahour Police Station, Puducherry.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

K.RAJASEKAR , J.

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Vv Crl.O.P.No.21218 of 2025 26.09.2025 6/6