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Madras High CourtCRL OP(MD)/5957/2025allowed

M.Palanivel Rajan v. The State Of Tamil Nadu

2025-05-09Honourable Mr.Justice M.Jothiraman5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN M.Palanivel Rajan ... Petitioner Vs The State of Tamil Nadu, Represented by The Inspector of Police, Kadavam Police Station Tenkasi District Crime No.177 of 2022 ... Respondent For Petitioner : Mr.E.Marees Kumar For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.177 of 2022 on the file of the respondent police. ORDER : The Court made the following order :- 1/5

The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under section 482, 420 I.P.C and 206 of Motor Vehicles Act, 1988 in Crime No.177 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the Regional Transport Officer, Tenkasi, has preferred a complaint as against the accused person that he is having same registration number for two Ashok Leyland Lorries. 3.The learned counsel appearing for the petitioner would submit that the petitioner is no way connected with the present FIR and he has been falsely implicated in this case. Hence, he prayed for granting the anticipatory bail. 4.The learned Additional Public Prosecutor appearing for the respondent police submits that the investigation is almost completed. 5.Considering the fact that two vehicles were registered with same registration number and also the fact that the investigation is almost completed, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:

6. The petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which 2/5

the order copy made ready, before the learned Judicial Magistrate Court, Ambasamuthiram, 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 Magistrate concerned, 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 report before the respondent police on every Monday and Friday at 10.30 a.m until further orders. [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 petitioners released on bail by 3/5

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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

sd/- 09/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

msa TO 1.The Judicial Magistrate, Ambasamuthiram.

2.Do Through The Chief Judicial Magistrate, Tenkasi District.

3.The Inspector of Police Kadavam Police Station Tenkasi District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+2 CC to M/s.E.MAREES KUMAR, Advocate ( SR-5497[I] dated 12/05/2025 ) 4/5

ORDER

IN CRL OP(MD) No.5957 of 2025 Date :09/05/2025 HPS/28.05.2025 /5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5