Sivarama Krishnan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN Sivarama Krishnan ... Petitioner/Accused Vs The State of Tamil Nadu, Represented by The Inspector of Police, Veeravanallur Police Station Tirunelveli District Crime No.2 of 2025 ... Respondent/Complainant For Petitioner : Mr.R.Manojkumar 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.2 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under section 296(b), 318(4) and 351(2) 1/5
of Bharatiya Nyaya Sanhita (BNS), 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.2 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner allegedly received a significant sum of money from the defacto complainant, amounting to Rs.8,65,500/- and committed an act of cheating. As a result, the defacto complainant had filed a complaint before the respondent police on 28.10.2024. Despite acknowledgement of the complaint, there was no progress. Consequently, she filed a petition under Section 175(3) of the BNSS Act, which was ordered on 03.12.2024, Subsequently, the respondent police registered an FIR in Crime No.2 of 2025.
3. The learned counsel appearing for the petitioner would submit that the petitioner is the sole accused in this case. He has already filed a complaint as against the defacto complaint for threatening him and an FIR was registered as against the defacto complainant in Crime No.245 of 2024. The petitioner has also filed a suit in O.S.No.101 of 2024 which is currently pending before the District Munsif Court, Ambasamuthiram. However, without considering the same, the learned Magistrate has allowed the petition and directed the respondent to register an FIR. Hence, he prayed for granting anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent 2/5
police submits that a counter case has been filed as against the defacto complainant. A civil suit is also pending as against the petitioner and the defacto complainant in O.S.No.101 of 2024 on the file of the District Munsif Court, Ambasamudram.
5. Considering the fact that the petitioner has lodged a complaint as against the defacto complainant in Crime No.245 of 2024 and also the fact that the civil suit is pending between them in O.S.No.101 of 2024 on the file of the District Munsif Court, Ambasamudram, 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 the order copy made ready, before the learned Judicial Magistrate Court, Cheranmahadevi, 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. 3/5
[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 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 (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
MSA 4/5
TO 1.THE JUDICIAL MAGISTRATE COURT CHERANMAHADEVI.
2.THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3.THE INSPECTOR OF POLICE, VEERAVANALLUR POLICE STATION TIRUNELVELI DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.MANOJ KUMAR, Advocate ( SR-5447[I] dated 09/05/2025 )
ORDER
IN CRL OP(MD) No.6367 of 2025 Date :09/05/2025 PR/28.05 .2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5