Muthuramalingam 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 Muthuramalingam ... Petitioner/Accused (rank not known) Vs The State of Tamil Nadu, Represented by The Inspector of Police, Sayalkudi Police Station Ramanathapuram District Crime No.208 of 2024 ... Respondent/Complainant For Petitioner : Mr.R.Alagumani 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.208 of 2024 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 offence punishable under section 420 of Indian Penal Code, 1860, in 1/5

Crime No.208 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the Accused No.1 got two tractors from the defacto complainant for rental basis of Rs.40,000/- per month and failed to pay the monthly rent as per their agreement. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner's name was not mentioned by the defacto complainant in his complaint anywhere. Initially FIR was registered only as against the first accused and he neither returned the tractors nor paid the rental amount. The petitioner / A2 is no way connected to the transaction between accused No.1 and the defacto complainant. Hence, he prayed for granting anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent police submits that though the petitioner's name was not mentioned in the FIR, he has joined with Accused No.2, who is holding the tractors. He had further submitted that the subject matter of the vehicles are not seized and the investigation is going on.

5. Considering the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioner with certain conditions: 2/5

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, Kadaladi 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 daily 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 3/5

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 (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MSA TO 1 THE JUDICIAL MAGISTRATE KADALADI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM.

3 THE INSPECTOR OF POLICE, SAYALKUDI POLICE STATION, RAMANATHAPURAM DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.DR.R.ALAGUMANI, Advocate ( SR-5492[I] dated 12/05/2025 ) 4/5

ORDER

IN CRL OP(MD) No.6977 of 2025 Date :09/05/2025 SS/SAR- /26/05/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5