Ramathilagam v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL OP(MD). No.1383 of 2025
1. Ramathilagam ... Petitioner/Accused No.3
2. Manikandaraj .. Petitioner/Accused No.4 Vs State of Tamil Nadu, The Inspector of Police, District Crime Branch Police Station, Dindigul District.
FIR No. 14 of 2024.
... Respondent/Complainant For Petitioners : Mr.M.Pandiarajan For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) For Intervenor : Mrs.Tamil Yazhini, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5
PRAYER :- for Anticipatory Bail in Crime No.14 of 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 alleged offence under Sections 409, 418, 420, 467, 468 and 471 of IPC in Crime No.14 of 2024 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant, A1 and A2 were doing a business. It is alleged that the signature of the defacto complainant was forged and two cheques were issued. That apart, the defacto complainant was also cheated in the business transaction and accordingly, the defacto complainant was cheated to the tune of Rs.1.35 Crores. There are totally five accused persons in this case and the petitioners have been arrayed as A3 and A4. A3 is the Manager and A4 is the Husband of A3.
3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent police. 2/5
4.The main criminality that is involved in this case is that the forged signature of the defacto complainant was used in two cheques. It is brought to the notice of this Court that two cheques have already been seized and steps are being taken to get an expert opinion. Apart from that it is also seen that a cheque case is pending in S.T.C.No.2130 of 2023 before the learned Judicial Magistrate No.I, Dindigul. The entire case is borne out by records. The petitioners are ranked as A3 and A4 and the main business dealing was between A1 and A2 and the defacto complainant and hence this Court is inclined to grant anticipatory bail to the petitioners.
Accordingly, this criminal original petition is ordered and the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Dindigul, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, 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 said Magistrate, on further condition that: [a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled.
[b] 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 Aadhar card or Bank pass Book to ensure their identity. [c] the petitioners shall report before the respondent police every Monday and Friday at 10.30 a.m for a period of four weeks and thereafter, as and when required for interrogation.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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; 4/5
[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.
Sd/- 24.01.2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO 1 THE JUDICIAL MAGISTRATE NO.II, DINDIGUL.
2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT.
3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH POLICE STATION, DINDIGUL DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.1383 of 2025 Date :24/01/2025 ES/SKN/SAR. /12.02.2025/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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