Elavarasan v. State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-09-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR Elavarasan Petitioner(s) Vs State rep. by, The Inspector of Police, Shoolagiri Police Station Krishnagiri District.
(Crime No. 204 of 2025).
Respondent(s) Criminal Original Petition filed under Section 482 of BNSS, Act, 2023 praying to enlarge the petitioner in the event of his arrest by the respondent police in pursuant to the FIR in Crime No. 204 of 2025 on the file of the respondent police.
For Petitioner(s): Mr.C.Vigneshwaran For Respondent(s): Mr.S.Udayakumar Government Advocate [Criminal Side]
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 318(4), and 336(2) of the BNS, 2023 in Crime No.204 of 2025 on the file of the respondent Police, seeks anticipatory bail.
2.The allegation against the petitioner is that the petitioner had 1/6
received a sum of Rs.50,000/- from the de-facto complainant under the pretext of getting government job as "Noon Meal Organizer" under the category of "Widow" and thereafter, the petitioner had given fake appointment order to her and subsequently, he has failed to repay the money/get a government job to her. Hence the case.
3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He further submits that the petitioner has not received any amount from the de-facto complainant. He also submits that the petitioner is ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for his release. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that investigation is on. However, he opposed for grant of anticipatory bail to the petitioner.
5. Heard the learned counsels on either side and perused the materials 2/6
available on record.
6. Considering the submissions made by learned counsels on either side; considering the nature of allegations against the petitioner; considering the fact that the petitioner has given a sum of Rs.50,000/- to the de-facto complainant and considering the fact that investigation is on, this Court is inclined to grant anticipatory bail to the petitioner with 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Hosur, 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 of the learned Magistrate concerned and on further condition that:
(a) If the petitioner fails to surrender before the concerned Magistrate, within a period of fifteen 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 3/6
[Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;
[c] the petitioner shall report before the respondent Police daily 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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];
[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 26.09.2025 MSM To 1.The Judicial Magistrate No.I, Hosur.
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2. The Inspector of Police, Shoolagiri Police Station Krishnagiri District.
(Crime No. 204 of 2025).
3.The Public Prosecutor, High Court of Madras. K.RAJASEKAR , J.
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MSM 26.09.2025 6/6