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Madras High CourtCRL OP(MD)/385/2026granted

S. Vasanth v. State Of Tamilnadu Rep By Inspector Of Police, Dcb

2026-01-09Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/01/2026

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY S.Vasanth ... Petitioner Vs State of Tamilnadu Rep by Inspector of Police, District Crime Branch, Madurai District.

(Crime No. 43 of 2025).

... Respondent PRAYER :- For Anticipatory Bail in Crime No. 43 of 2025 on the file of the respondent Police.

For Petitioner : Mr.M.Chellapandian, Advocate For Respondent : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.Side) 1/7

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 IPC in Crime No.43 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the other accused received a certain amount from the defacto complainant on the pretext of investing the said amount in the real estate business, assuring that the amount would be returned after a period of one year along with additional interest. Thereafter, despite repeated demands, the accused failed to repay the said amount. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner. 2/7

4. The learned Government Advocate (Crl.Side) submitted that the petitioner along with other accused persons have cheated the defacto complainant and others and the petitioner has received a sum of Rs.3,58,000/- through G.Pay. He further submitted that there are four previous cases pending against the petitioner and the investigation is still pending. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the investigation is almost completed and the petitioner is ready and willing to deposit some amount to the credit of crime number, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

5. 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.1, Madurai, on condition that the petitioner shall 3/7

execute a bond for a sum of Rs.10,000/- (Rupees Ten 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 Judicial Magistrate No.1, Madurai, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a) the petitioner and 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 is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of Crime No.43 of 2025 before the learned Judicial Magistrate No.I, Madurai. On such deposit, the learned Judicial Magistrate No.I, Madurai, shall accept the sureties furnished by the petitioner. After receipt of entire amount, the learned Judicial Magistrate No.1, Madurai, shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.43 of 2025. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.

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(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. (d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) the petitioner shall not abscond either during investigation or trial;

(f) 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;

(g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. 09.01.2026 CP 5/7

TO 1.The Judicial Magistrate No.I, Madurai.

S.SRIMATHY,J CP 2.The Inspector of Police, District Crime Branch, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.385 of 2026 6/7

Date : 09/01/2026 7/7