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Madras High CourtCRL OP(MD)/7978/2025allowed

V.Kanikumar v. The State Of Tamil Nadu

2025-06-17Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI V.Kanikumar, S/o.Vedhanayagam ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Nilakottai Police Station, Dindigul District.

(Crime No.115 of 2025) ... Respondent/Complainant For Petitioner :

Mr.K.Althaf Sheriff, Advocate for M/s.Ajmal Associates For Respondent :

Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.115 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 132 and 351(2) of BNS, 2023 in Crime No.115 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner transferred a sum of Rs.10,000/- to the de-facto complainant, who is working as an Assistant Engineer at the Panchayat Union Office, Nilakottai, on 10.04.2025, and another sum of Rs.10,000/- to one Sundarapandi, who is the Overseer, with the intention of trapping them in a vigilance proceeding. Hence, the case.

3. The learned counsel for the petitioner submitted that when the petitioner, along with 11 villagers, approached the Panchayat officials for disbursement of the government subsidy for house construction, the officials demanded extraneous consideration. Hence, the petitioner, having no other option, paid a sum of Rs.10,000/- in cash to the de-facto complainant and transferred another sum of Rs.10,000/- to one Sundarapandi (Overseer). Since the petitioner refused to collect bribes from the other 11 villagers, as instructed by the said officials, the approval for 2/6

the subsidy was cancelled by them. Pursuant to the same, the petitioner lodged a complaint before the District Collector, Dindigul, on 07.04.2025. An enquiry was conducted on 09.04.2025, and the said Sundarapandi transferred back the amount of Rs.10,000/- to the petitioner on 10.04.2025. Hence, the petitioner has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner is the sole accused in this case. With the intention of trapping the de-facto complainant, who is a Government official, in a vigilance proceeding, the petitioner allegedly threatened him. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and also taking note of the fact that as the date of occurrence is 10.04.2025, by this time most of the investigation might have been completed, and that the custodial interrogation of the petitioner is not necessary in this case, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. 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 3/6

receipt of a copy of this order, before the learned Judicial Magistrate, Nilakottai 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 Judicial Magistrate, Nilakottai 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, Nilakottai. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Nilakottai;

(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;

(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 4/6

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.

sd/- 17/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1 THE JUDICIAL MAGISTRATE, NILAKOTTAI.

2 THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT.

3.The Inspector of Police, Nilakottai Police Station, Dindigul District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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+1 CC to M/s.M/S.AJMAL ASSOCIATES, Advocate ( SR-6434[I] dated 18/06/2025 )

ORDER

IN CRL OP(MD) No.7978 of 2025 Date :17/06/2025 MK/30.06.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6