Senthilnathan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01/06/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Senthilnathan ... Petitioner/Accused No.2 Vs The State of Tamil Nadu Rep By, The Inspector of Police, District Crime Branch, Madurai.

Cr.No.44 of 2025. ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Cr.No.44 of 2025 on the file of the respondent police.

For Petitioner : Mr. S.Poornachandran, Advocate.

For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) ORDER : The Court made the following order :- 1/6

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 406 & 420 of IPC, in Crime No.44 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is a retired TNSTC Driver and his son is working at IT Company at Bangalore. In the year 2018, the accused persons approached the defacto complainant's son and demanded money by giving a false promise that they would pay interest every month promptly. On believing their words, the defacto complainant's son obtained loan and deposited the same in the petitioner's bank account. Thereafter, the accused paid only a sum of Rs.43,30,320/- and also failed to repay the amount of Rs.48,51,680/-. Hence, this case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he was falsely implicated in this case and he has no way connected in the above said incident. He would further submit that out of Rs.90,82,000/-, he already paid a sum of 2/6

Rs.43,30,320/-. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would submit that there is a money dispute between the parties and the petitioner along with other accused cheated the son of the defacto complainant to the tune of Rs.90,82,000/-. Even though they repaid the amount of Rs.43,30,320/-, failed to repay the amount of Rs.48,51,680/- and the investigation is still pending. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side and the nature of offences charged against the petitioner, and there is a money transaction between the parties and even according to the prosecution, part of the amount was already paid to the defacto complainant and the alleged occurrence was took place from 15.10.2018 to 06.01.2021 and FIR was registered only on 30.12.2025 very belatedly and by this time, 3/6

most part of the investigation might have been completed, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to 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 learned Judicial Magistrate No.I, Madurai, and on further conditions that:

[b] the petitioner shall report before the respondent police, daily at 10.30 a.m until further orders. [c] the petitioner shall not commit any offences of similar nature.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take 4/6

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

01.06.2026 dss To 1.The Judicial Magistrate No.I, Madurai.

2.The Inspector of Police, District Crime Branch, Madurai.

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

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P. DHANABAL,J DSS

ORDER

IN CRL OP(MD) No.1181 of 2026 Date : 01/06/2026 6/6