Samuvel v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No. 6743 of 2025
1. Samuvel
2. Amutha ... Petitioners/Accused Vs The State of Tamil Nadu, The Inspector of Police, Aralvoimozhi Police Station , Kanniyakumari District.
(Crime No.222 of 2025) ... Respondent/ Complainant For Petitioners : Mr.T.Dhasarathan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.222 of 2025 on the file of the respondent police.
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ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 420 and 506(1) of IPC in Crime No. 222 of 2025, seek anticipatory bail.
2. The case of the prosecution is that the petitioners received a sum of Rs.8,73,500/- from the defacto complainant by assuring that they would secure a medical seat for the defacto complainant's son in CMC Medical College. However, they neither obtained the medical seat nor returned the said amount. Hence, the complaint.
3. The learned counsel appearing for the petitioner submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the petitioners received a sum of 2/7
Rs.8,73,500/- from the defacto complainant by assuring that they would secure a medical seat for the defacto complainant's son in CMC Medical College. However, they neither obtained the medical seat nor returned the said amount. He further submits that A-1 already got arrested and released on bail.
5. Considering the facts and circumstances of the case and also considering the specific overt act alleged against the first petitioner, this Court is not inclined to grant anticipatory bail to the first petitioner. Accordingly, this Criminal Original Petition is dismissed insofar as the first petitioner is concerned.
6. Considering the facts and circumstances of the case and also considering the argument of the learned Counsel for the petitioners that the second petitioner is ready to deposit a sum of Rs.2,00,000/-, this Court is inclined to grant anticipatory bail to the second petitioner with certain conditions.
7. Accordingly, this Petition is partly allowed and the second 3/7
petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Boothapandy, Kanniyakumari District, 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 Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (a) the second 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 second petitioner is directed to deposit a sum of Rs.2,00,000/- (Rupees Two Lakh only), to the credit of Crime No.222 of 2025 before the learned Judicial Magistrate, Boothapandy, Kanniyakumari District. After receipt of entire amount, the learned Judicial 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 in the case in Crime No.222 of 2025. The learned Judicial Magistrate or Trial Court shall pass orders regarding 4/7
entitlement of the said amount in its final order/Judgmen (c) the second petitioner shall report before the respondent police daily at 10.30 a.m until further orders.He has to co-operate for the investigation;
(d) the second petitioner shall not tamper with evidence or witness either during investigation or trial; (e) the second 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 second 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]; and;
(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.
(S S Y J) 22.10.2025 jbr 5/7
To
1. The Judicial Magistrate, Boothapandy, Kanniyakumari District.
2. The Inspector of Police, Aralvoimozhi Police Station, Kanniyakumari.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J.
jbr
ORDER
IN CRL OP(MD) No.6743 of 2025 Date : 22.10.2025 7/7