Thambidurai v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.22417 of 2025 Thambidurai ... Petitioner

Versus

State rep. by The Inspector of Police, Deevattipatti Police Station, Salem District.

(Crime No.323 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent police in Crime No.323 of 2025 on the file of the respondent police.

For Petitioner :

Mr.W.Camyles Gandhi For Respondent :

Mr.S.Udaya Kumar, Government Advocate (Crl. Side)

O R D E R

The petitioner, who apprehends arrest by the respondent police for the offences punishable under Section 318(2) of BNS @ 318(4) of BNS, in Crime No.323 of 2025 seeks anticipatory bail. 2.The allegation against the petitioner is that the petitioner along 1/6

with other accused induced the defacto complainant, who is a manager of Aaradhya Gold Company, to hand over the jewels for mortgaging and to hand over the money. Subsequently, the petitioners neither returned the jewels nor repaid the money collected from the defacto complainant, which amounts to Rs.8,37,000/-. Hence, the case.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is ready to return the money as claimed by the defacto complainant. 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 all the accused actively participated in the alleged occurrence and the investigation is still pending. Hence, he opposed to grant anticipatory bail to the petitioner.

5. In reply, the learned counsel for the petitioner would submit that without prejudice the petitioner is prepared to deposit a sum of Rs.2,79,000/- to the credit of Crime Number and hence he prays for grant 2/6

of anticipatory bail to the petitioner.

6. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl.side) and perused the materials available on record.

7. Considering the submissions made on both sides and also taking note of the fact that the petitioner has come forward to deposit an amount of Rs.2,79,000/- to the credit of crime number, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

8. Accordingly, the petitioner is directed to deposit a sum of Rs.2,79,000/- (Rupees Two Lakhs Seventy Nine Thousand only), to the credit of Crime Number 323 of 2025 and on such deposit and on receipt of proof of payment, 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, Omalur, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen 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 and on further condition that: 3/6

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the respondent police, everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;

(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 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

22.10.2025 drl To 4/6

1.The Judicial Magistrate, Omalur.

2. The Inspector of Police, Deevattipatti Police Station, Salem District.

3.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J.

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drl CRL.O.P.No.22417 of 2025 22.10.2025 6/6