S.K.Vijayadharsan v. The State Of Tamilnadu, Rep.By,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.08.2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI and CRL MP(MD).No.5339 of 2025 S.K.Vijayadharsan ... Petitioner/ Accused Vs State of Tamil Nadu, Rep. by the Inspector of Police, City Crime Branch, Madurai.
(Crime No.02 of 2025) .. Respondent/Complainant For Petitioner : Mr.B.Senthilnathan For Respondent : Mr.M.Karunanithi Government Advocate (Criminal Side) For Intervenor : Mr.G.Kalidoss PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.2 of 2025 on the file of the Respondent Police.
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 61(2), 296, 318(4), 351(2) of BNSS, in Crime No.2 of 2025 on the file of the respondent police, seeks anticipatory bail. 1/6
2. The case of the prosecution is that for purchase of a house, the defacto complainant had approached A1. A1 showed a house in Vellakovil for a sum of Rs.1,00,00,000/-. Thereafter, the defacto complainant sent a sum of Rs.19,30,000/- to the bank account of A1, a sum of Rs.76,79,500/- to the bank account of this petitioner, a sum of Rs.1,95,000/- to the bank account of one Rahunath Amarnath, a sum of Rs.1,50,000/- to the bank account of one Chandrasekar, a sum of Rs.1,00,000/- to the bank account of one Mohammed Ismail and a sum of Rs.50,000/- to one Elango through phonepe. However, till date A1 has been delaying the provision of the house for the defacto complainant. Thus, A1 along with other accused persons, has cheated the defacto complainant to the tune of Rs.1,00,95,000/-. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is the friend of A1's son and he was no way connected in this crime. He further submitted that co-accused/A1, A3 have already been granted bail by this Court in Crl.OP(MD).Nos.4033 and 12485 of 2025 dated 14.03.2025 and 25.07.2025 respectively. Further, co-accused had already been granted anticipatory bail by this Court in Crl.OP(MD).No.3497 of 2025 dated 25.02.2025. He further submitted that the petitioner has transferred the amount to 2/6
the account of A1. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) submitted that the petitioner along with other accused persons have cheated the defacto complainant to the tune of Rs.1,00,95,000/-. He further submitted that there is no previous case pending against the petitioner and the investigation is almost completed. He further submitted that co-accused had already been granted bail by this Court. However, he opposed for grant of anticipatory bail to the petitioner.
5. The learned counsel for the Intervenor/defacto complainant submitted that the petitioner along with other accused persons have cheated the defacto complainant to the tune of Rs.1,00,95,000/- Thereafter, the accused persons have threatened the defacto complainant. Hence, he objected for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case and also the fact that the petitioner has transferred the amount to the account of A1 and the investigation has been almost completed and there is no previous case pending against the petitioner and co-accused have already been granted bail by this Court. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 3/6
7. Accordingly, 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 learned Judicial Magistrate No.1, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.1, Madurai, 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 furnish his residential address and mobile number to the learned Judicial Magistrate No.1, Madurai. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.1, Madurai. (c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.
(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;
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(e) the petitioner shall not abscond either during investigation or trial;
(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.
8. Accordingly, this Criminal Original Petition is allowed and Crl.MP (MD).No.5339 of 2025 is closed. No costs.
sd/- 13/08/2025 / TRUE COPY / / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
msrm 5/6
To 1.The learned Judicial Magistrate No.1, Madurai. 2.The Inspector of Police, City Crime Branch, Madurai.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.6644 of 2025 Date :13/08/2025 SBN/29.08.2025 6P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6