Selvi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 4045 of 2025 1.Selvi 2.Ramesh 3.Bala @ Balakumar ..Petitioners Vs State Of Tamilnadu, Rep By The Inspector Of Police, District Crime Branch, Sivagangai, Sivagangai District.

(Crime No.01 of 2025) Respondent(s) For Petitioner(s):

Mr.S.Palanivelayutham For Respondent(s):

Mr.S.S.Manoj Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.01 of 2025 on the file of the Respondent Police.

1/9

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 420, 465, 468, 471 and 120(B) of IPC, in Crime No.01 of 2025 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners and other accused have received the amount of Rs.25,00,000/- from the defacto complainant and other on the pretext of getting appointment at Railway Department. Hence, a case was registered.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He, however, submitted that the petitioners are 2/9

willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) submitted that there are four previous cases pending against the first petitioner and there are previous cases pending against the petitioners 2 and 3. However, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case, the nature of the offence, inspite of there are previous cases pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6. Accordingly, this petition is allowed and the petitioners are ordered to be released on 3/9

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, Sivagangai, Sivagangai District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with 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.II, Sivagangai, Sivagangai District , failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Aadhar card or Bank pass Book to ensure their identity;

4/9

(b) the petitioners shall furnish their residential addresses and mobile number to the learned Judicial Magistrate No.II, Sivagangai, Sivagangai District . In the event of any change in their residential addresses, the petitioners shall report the same to the learned Judicial Magistrate No.II, Sivagangai, Sivagangai District;

(c)The petitioners are directed to jointly deposit a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) to the credit of Crime No.01 of 2025 before the learned Judicial Magistrate No.II, Sivagangai, Sivagangai District. On such deposit, the learned Judicial Magistrate No.II, Sivagangai, Sivagangai District, shall accept the sureties furnished by the petitioners. After receipt of entire amount, the learned Judicial 5/9

Magistrate No.II, Sivagangai, Sivagangai District, shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No. 01 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 petitioners shall report before the respondent Police daily at 10.30 a.m., for a period of one week and thereafter, as and when required for interrogation;

(e) the petitioners shall not tamper with evidence or witness either during investigation or trial;

6/9

(f) the petitioners shall not abscond either during investigation or trial;

(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] and;

(h) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

05.11.2025 vsg 7/9

To 1.The learned Judicial Magistrate No.II, Sivagangai, Sivagangai District.

2.The Inspector Of Police, District Crime Branch, Sivagangai, Sivagangai District.

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

8/9

S.SRIMATHY.J., vsg Crl.O.P.(MD).No.4045 of 2025 Date : 05.11.2025 9/9