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Madras High CourtCRL OP(MD)/5724/2026granted

Dharmaraj v. State Of Tamilnadu Rep By Inspector Of Police, Sivakasi

2026-04-29Honourable Mr. Justice P.Dhanabal7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29/04/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Dharmaraj ... Petitioner/Accused No.1 Vs State of Tamilnadu Rep by, The Inspector of Police, Sivakasi Nagar Police Station, Virudhunagar District.

Cr. No. 103 of 2026. ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No. 103 of 2026 on the file of the respondent Police.

For Petitioner : M/s. J. Yogeswaran, Advocate.

For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) ORDER : The Court made the following order :- 1/7

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 406 & 420 of IPC, in Crime No.103 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused received a sum of Rs.2,90,000/- from the defacto complainant & Rs.98,000/- from her relative one Chinnadurai by giving a false promise that they would secure a job for the defacto complainant's daughter, son-in-law of the and her relative. Thereafter, they neither secured a job nor repaid the amount. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioner is an innocent and he was falsely implicated in this case and he has no way connected in the above said incident. He would further submit that the petitioner is ready to deposit a sum of Rs.50,000/- to the credit of crime number and no previous case is pending against the petitioner. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would submit that the petitioner along with other accused cheated the amount of 2/7

Rs.2,90,000/- from the defacto complainant & Rs.98,000/- from her relative one Chinnadurai by giving a false promise that they would secure a job for the defacto complainant's daughter, son-in-law of the and her relative and the investigation is still pending. Hence, he opposes to grant anticipatory bail to the petitioner. He would further submit that the petitioner has no previous case and he is ready to deposit a sum of Rs.50,000/- to the credit of crime number and he also filed an undertaking affidavit to that effect.

5. The learned counsel for the Intervener would submit that the offence committed by the petitioner is grave in nature and hence, he opposed to grant anticipatory bail to the petitioner.

6. Heard both sides and perused the materials available on record.

7. Considering the rival submissions on either side and the nature of offences charged against the petitioner, and already the petitioner is filed undertaking affidavit that he is ready to deposit a sum of Rs.50,000/- to the credit of crime number and even according to the 3/7

prosecution, the alleged occurrence took place on 01.01.2021 and the FIR was registered on 22.02.2026 belatedly and the petitioner has no previous case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to 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 learned Judicial Magistrate No.1, Sivakasi, and on further conditions that:

[b] the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Crime No.103 of 2026 before the Judicial Magistrate No.1, Sivakasi. On such deposit, learned Magistrate shall accept the sureties furnished by the petitioner. Further the learned Magistrate 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. The learned Judicial Magistrate or 4/7

Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment;

[c] the petitioner shall report before the respondent police, every Saturday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the interrogation.

[d] the petitioner shall not commit any offences of similar nature.

[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. [g] On breach of any of the aforesaid conditions, the learned Judicial 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]. [h] If the accused thereafter absconds, a fresh FIR can 5/7

be registered under Section 269 B.N.S.

29.04.2026 2/2 dss To 1.The Judicial Magistrate No.1, Sivakasi.

2.The Inspector of Police, Sivakasi Nagar Police Station, Virudhunagar District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL,J DSS

ORDER

IN CRL OP(MD) No.5724 of 2026 Date : 29/04/2026 2/2 7/7