Sujathali v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date :22.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). No.2498 of 2025 Sujathali ..Petitioner Vs The State of Tamil Nadu Rep by the Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District.

(Crime No.15 of 2025) ... Respondent [Amended vide order dt 25.2.2025 in Crl.MP(MD)2527/2025 in CRLOP(MD)2498/2025 by RSVJ] For Petitioner : Mr.Haja Mohideen For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) For Intervenor : Mr.K.M.Mrithun Jeyan PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.15 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 318(4), 315(2), 296(b), 115(2) and 351(3) of BNS, in Crime No.15 of 2025 on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that even after receiving the advance amount of Rs.24,00,000/-, he failed to put up construction as agreed. Hence, the complaint.

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

4. The learned counsel appearing for the intervenor vehemently opposed to grant anticipatory bail to the petitioner stating that the petitioner has 2/6

cheated a sum or Rs.21,00,000/- and concealed the fact that an additional sum of Rs.8,00,000/- was borrowed in cash.

5. The learned Government Advocate (Crl. side) submitted that the investigation is going on and he opposed to grant anticipatory bail to the petitioner.

6.Taking into consideration of the facts and circumstances of the case and also the fact that the investigation is yet to be 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.

7. Accordingly, the petitioner is ordered to be released on bail on executing a separate 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 Judicial Magistrate No.II, Dindigul, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may 3/6

obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] The petitioner shall deposit a sum of Rs.10,00,000/- (Rupees Ten lakhs only) to the credit of Crime No.15 of 2025 before the learned Judicial Magistrate No.II, Dindigul, within a period of four weeks from the date of receipt of a copy of this order, failing which, anticipatory bail granted will be automatically cancelled;

[c] On such deposit, the learned Magistrate shall deposit the said amount in an interest bearing Fixed Deposit initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.15 of 2025. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment;

[d] the petitioner shall report before the respondent police as and when required;

[e] the petitioner shall not abscond either during investigation or trial;

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial;

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[g] 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];

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

22.09.2025 PJL To 1.The Judicial Magistrate No.II, Dindigul.

2.The Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6

S.SRIMATHY,J.

PJL CRL OP(MD) No.2498 of 2025 22.09.2025 6/6