Poomalairajan v. State Rep By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Poomalairajan Petitioner(s) Vs State Rep by Inspector of Police, Fairlands Police Station, Salem District.

Crime No.329 of 2025.

Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the Petitioner on Anticipatory bail in the event of the arrest in connection with the Crime.No.329/2025, on the file of Respondent Police.

For Petitioner(s):

Mr.Muruganandham K For Respondent(s):

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

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 308, 351(3) of BNS Act, 2023, in Crime No.329 of 2025 on the file of the respondent Police, seeks anticipatory bail.

2.The allegation against the petitioner, ranked as A3, is that he took advantage of his relationship with the defacto complainant and the wife of one Gopinath, threatened the defacto complainant, demanded money, and jointly with other accused collected Rs.9,00,000/-. Hence, the case. 3.The learned counsel for the petitioner submitted that the FIR states the money was sent to the accounts of other accused, not the petitioner's, and he did not benefit from the collected amount, seeking anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.side) for the respondent reported that the petitioner was actively involved, has a history of previous

cases, and opposed for anticipatory bail.

5.Considering the submissions and records, the FIR indicates funds were transferred to the accounts of other persons, not to the petitioner. Though the petitioner has previous cases, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.5, Salem, 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 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 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.

31-10-2025 gbi Index:Yes/No Speaking/Non-speaking order

Internet:Yes

To 1.State Rep by Inspector of Police, Fairlands Police Station, Salem District.

Crime No.329 of 2025.

2.The Judicial Magistrate No.5, Salem.

3.The Public Prosecutor High court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 29684 of 31-10-2025