Shanmugam v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/09/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Shanmugam,

2. Sunil Kumar,

3. Sathish Gandhi,

4. Sangeetha, ... Petitioners/Accused Vs The State of Tamilnadu, Rep. by the Inspector of Police, Thilagar Thidal Police Station, Madurai District.

Crime No. 105/2024. ... Respondent/Complainant For Petitioners : Dr. R. Alagumani, Advocate.

For Respondent : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.Side) For Intervenor : Mr.S.Paul Murugesh (in Crl.MP(MD).No.1977 of 2025) For Intervenor : Mr.V.Selvakumar (in Crl.MP(MD).No.1978 of 2025) 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.105/2024. on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 406, 420, 506(i) of IPC, in Crime No.105 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the the 1st petitioner had received money from the defacto complainant to the tune of Rs. 12,00,000/- for arranging job. Further, the petitioners 2 to 4 have accompanied with the 1st petitioner. Further, the petitioner have cheated the defacto complainant. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may 2/6

be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that there is one previous case pending against the petitioners and the investigation is almost completed. However, he opposed for grant of anticipatory bail to the petitioners.

5. The learned counsel for the Intervenor/defacto complainant in both petitions have submitted that the petitioners have cheated the defacto complainant and there is one previous case pending against the petitioners in Vadavoor Police Station, Thiruvarur District. Hence, they vehemently opposed for grant of anticipatory bail to the petitioners.

6. Considering the facts and circumstances of the case and also the fact that the investigation has been almost completed, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

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7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that each of the petitioner shall 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.II, Madurai, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that:

[a]the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b] the petitioners 2 to 4 shall report before the respondent police as and when required for interrogation and 1st petitioner shall report before the respondent polcie daily at 10.30 a.m.,for a period of four weeks and thereafter, as and when required for interrogation. [c]the petitioners shall not tamper with the evidence or witness either during investigation or trial. 4/6

[d]the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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].

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

(S S Y J) 11.09.2025 msrm To 1.The learned Judicial Magistrate No.II, Madurai 2.The Inspector of Police, Thilagar Thidal Police Station, Madurai District.

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

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S.SRIMATHY,J msrm

ORDER

IN CRL OP(MD) No.1379 of 2025 11.09.2025 (1/3) 6/6