C. Surya Alias Surya Kumar, v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.10.2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY C.Surya @ Surya Kumar ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By The Inspector of Police, District Crime Branch Police Station, Thoothukudi District.

(Crime No.8 of 2025) ... Respondent/Complainant For Petitioner : Mr.J.Joseph Zinoson, Advocate.

For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) For Intervener : Mr.C.Padmaraj, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.8 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 316(2) and 318(4) BNS in Crime No.8 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons cheated the defacto complainant by way of selling a second-hand car and the same was not functioning properly. Then, the defacto complainant returned the car. However, the petitioner did not repay the money. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged occurrence as stated by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. side) for the respondent-Police would submit that the petitioner and the defacto 2/6

complainant tried to compromise the issue. However, nothing came out well. Hence, he opposed to grant anticipatory bail to the petitioner.

5. The learned counsel appearing for the intervener opposed to grant anticipatory bail to the petitioner.

6. Taking into consideration of the facts and circumstances of the case and the fact that it is cash dealing issue 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 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.IV, Thoothukudi, on condition that 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.IV, Thoothukudi, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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(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 shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; (c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner 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 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;

f) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 14.10.2025 KSA 4/6

To

1. The Judicial Magistrate Court No.IV, Thoothukudi. 2.The Inspector of Police, District Crime Branch Police Station, Thoothukudi District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY, J.

KSA

ORDER

IN CRL OP(MD) No.3867 of 2025 Date : 14.10.2025 6/6