M Kesavan v. The State Of Tamilnadu Rep., By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2026

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 4111 of 2026 M.Kesavan ..Petitioner/Accused No.2 Vs State Of Tamilnadu, Rep By The Inspector Of Police, District Crime Branch, Trichy City, Trichy.

(Crime No.12 of 2026) Respondent(s) For Petitioner(s):

Ms.H.Jasima Yasmin for M/s.Ajmal Associates 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.12 of 2026 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 406 and 420 of IPC, in Crime No.12 of 2026 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused have received the amount of Rs.15,00,000/- from the defacto complainant on the pretext of getting Government Job. Thereafter, he has not returned the money. Hence, a case was registered.

3. The learned counsel appearing 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 2/8

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

4. The learned Additional Public Prosecutor submitted that there are no previous cases pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that there are no previous cases pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. 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 3/8

from the date of receipt of a copy of this order, before the Judicial Magistrate Court No.I, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 Judicial Magistrate Court No.I, Trichy, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(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 furnish his residential address and mobile number to the Judicial Magistrate Court No.I, Trichy. In the event of any change in his residential address, 4/8

the petitioner shall report the same to the Judicial Magistrate Court No.I, Trichy;

(c)the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Crime No.12 of 2026 before the Judicial Magistrate Court No.I, Trichy. On such deposit, the Judicial Magistrate Court No.I, Trichy, shall accept the sureties furnished by the petitioner. After receipt of entire amount, the Judicial Magistrate Court No.I, Trichy, 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.12 of 2026. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.

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(d) the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders;

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

(f) the petitioner 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 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) 6/8

AIR SCW 5560] and;

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

25.02.2026 vsg To 1.The Judicial Magistrate Court No.I, Trichy. 2.The Inspector Of Police, District Crime Branch, Trichy City, Trichy.

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

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S.SRIMATHY.J., vsg Crl.O.P.(MD).No.4111 of 2026 Date : 25.02.2026 8/8