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Madras High CourtCRL OP/33665/2025granted

Anburaj v. State Rep.By The Inspector Of Police

2025-12-09Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Anburaj ... Petitioner -VsState Rep by, The Inspector of Police, Nannilam Police Station, Tiruvarur District.

(Crime No.222 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS Act, 2023, pleased to enlarge the petitioner on bail in Crime No.222 of 2025 pending on the file of the respondent police.

For Petitioner :

Mr.S.Sivakumar For Respondent :

Mr.A.Gopinath, Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 09.10.2025, for the alleged offence punishable under Sections 417, 420 and 465 of IPC in Crime No.222 of 2025, on the file of the respondent police, seeks bail. 1/6

2. The allegation against the petitioner is that the petitioner collected a sum of Rs.8 lakhs from the defacto complainant on the promise of getting a job in a municipality and subsequently failed to honour the same. Hence, the complaint was lodged and the petitioner was arrested and is in judicial custody.

3. Learned counsel appearing for the petitioner submitted that the petitioner has been incarcerated for nearly 60 days, he is not having any previous case and it is only a loan barrowed and part of the amount has also been repaid. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the investigation in this case is pending. Hence, he opposes to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the fact that the petitioner is in custody from 09.10.2025 and it is also alleged that part of the amount to the extent of Rs.1 lakhs has also been repaid, and though the investigation is pending, this Court is inclined to grant bail to the petitioner with certain conditions.

7. 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) 2/6

with two sureties, for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Nannilam, and on further conditions 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 daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness 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];

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

09.12.2025 mpa 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.

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To 1.The District Munsif Cum Judicial Magistrate, Nannilam. 2.The Inspector of Police, Nannilam Police Station, Tiruvarur District.

3.The Officer Incharge, Sub-Jail, Nannilam.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

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