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Madras High CourtCRL OP(MD)/5546/2026granted

V Puvanesan v. State Of Tamilnadu Rep By Inspector Of Police,

2026-03-18Honourable Mr Justice K.K. Ramakrishnan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.03.2026 PRESENT THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN CRL OP(MD)No.5546 of 2026 V.Puvanesan ... Petitioner/ Sole Accused

Versus

The State of Tamil Nadu, The Inspector of Police, Kariyapatti Police Station, Virudhunagar District.

(In Crime No.58 of 2026) ... Respondent / Complainant PRAYER :-Criminal Original Petition filed under Section 482 of the BNSS, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.58 of 2026 on the file of the respondent police. For Petitioner :

Mr.N.Balasubramanian For Respondent :

Mr.P.Kottaichamy, Government Advocate (Criminal Side) 1/6

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police in Crime No.58 of 2026 for the offences punishable under Section 318(4) of BNS, 2023, seeks anticipatory bail.

2. The case of the prosecution is that on 05.12.2023, the petitioner made a promise to get job in BNYS (Bachelor of Naturopathy and Yoga Science) in the health department and received the amount of Rs.9,00,000/- from the defacto complainant and thereafter, repaid a sum of Rs.1,00,000/- remaining a sum of Rs.8,00,000/- yet to be paid. Hence, the present case.

3. The learned counsel for the petitioner submitted that the petitioner never received a sum of Rs.9,00,000/- as alleged in the complaint, but only a sum of Rs.4,60,000/-. Out of this amount, Rs.1,00,000/- has already been repaid, and the petitioner is now ready to deposit a sum of Rs.3,00,000/- before the concerned Court, without prejudice to his rights in the trial. Hence, he seeks anticipatory bail for the petitioner.

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4. The learned Government Advocate (Criminal Side) submitted that the petitioner had cheated the defacto complainant and other persons, however, he opposed to grant anticipatory bail to the petitioner.

5. This Court has considered the submissions made on either side.

6. Considering the facts and circumstances of the case and also the fact that the petitioner is agreed to deposit a sum of Rs.3,00,000/ to the credit of Crime No.58 of 2026, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, this petition is allowed and the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Kariyapatti, 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 to the Police 3/6

Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions 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 deposit a sum of Rs.3,00,000/- (Rupees Three Lakhs only) to the credit of in Crime No.58 of 2026 on the file of the respondent police, before the Judicial Magistrate, Kariyapatti, within a period of two weeks from the date on which the order copy is made ready. In turn, the learned Judicial Magistrate shall deposit the said amount in an interest bearing Fixed Deposit in ant 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.58 of 2026.

(c) the petitioner shall appear and sign before the respondent police as and when required for interrogation. (d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) the petitioner shall not abscond either during investigation or trial;

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

18.03.2026 ebsi To

1. The Judicial Magistrate Court, Kariyapatti.

2.The Inspector of Police, Kariyapatti Police Station, Virudhunagar District.

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

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K.K.RAMAKRISHNAN ,J.

ebsi

ORDER

IN CRL OP(MD) No.5546 of 2026 Date : 18.03.2026 6/6