Oviyar Anandh v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-11-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.32191 of 2025 Oviyar Anandh ... Petitioner/ A1 Vs The State rep. by, The Inspector of Police, Kachirayapalayam Police Station, Kallakurichi District.
(Crime No.396 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.396 of 2025 on the file of the respondent police. For Petitioner(s) :
Mr. A. Ramesh For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 14.11.2025 for the offences punishable under Sections 318(4), 296(b) and 351(2) of BNS in Crime No.396 of 2025, registered on the file of the respondent police, seeks bail.
2.
The allegation against this petitioner is that, the petitioner herein joined hands with other accused collected a sum of Rs.3,80,000/- from the defacto complainant under the promise of arranging him a Government job; that thereafter, the petitioner neither arranged job nor returned the money. Hence, this case.
3.
The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner is in judicial custody since 14.11.2025; that it is the case of money transaction, which was obtained as a loan by the petitioner, however the defacto complainant lodged a complaint with false allegation, thereby giving criminal colour to a money transaction dispute; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and 2/6
sought for bail to the petitioner.
4.
The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and stated that the petitioner has four previous cases, however the cases are not of similar offence; and that the investigation of this case is pending.
5.
Considering the facts and circumstances of the case, the nature of allegation leveled against this petitioner, though previous antecedents were reported against the petitioner, they are not of similar offence and taking note of the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 6.
Accordingly, the petitioner is ordered to be released on bail on his executing 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 District Munsif Cum Judicial Magistrate, Chinnasalem and on further conditions that:
[a] the sureties shall affix their photographs and Left 3/6
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 the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10:30 a.m., for a period of four weeks and thereafter, as and when required for interrogation;
[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];
[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
25.11.2025 stn 4/6
Note :
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To
1. The District Munsif Cum Judicial Magistrate, Chinnasalem.
2. The Inspector of Police, Kachirayapalayam Police Station, Kallakurichi District.
(Crime No.396 of 2025)
3. The Superintendent, Sub Jail, Kallakurichi, Kallakurichi District.
4. The Public Prosecutor, High Court of Madras.
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K. RAJASEKAR, J.
stn Crl.O.P. No.32191 of 2025 25.11.2025 6/6