A.R.Ramakabilan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.06.2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI A.R.Ramakabilan ... Petitioner/Accused No.1 Vs.

The State of Tamil Nadu, Rep. by, the Inspector of Police, Thirunagar Police Station, Madurai City, Madurai.

Crime No.387 of 2023.

... Respondent/Complainant For Petitioner :Mr.MC.Ezhilarasu, Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.387 of 2023 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 406, 420, 506(1) of IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002 in Crime No.387 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant and the accused are relatives and both families had decided to marry the 1st accused to the de facto complainant. Thereafter, there was a money transaction between the 1st accused and the defacto complainant to the tune of Rs.8,32,987/-. Subsequently, a dispute arose regarding the money and the 1st accused refused to marry the defacto complainant and thereby cheated her. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. Further, he would submit that the co-accused persons/A2 to A4 released on bail by the learned Principal Sessions Judge, Madurai in Crl.M.P.(MD) No.5328 of 2023 dated 2/6

02.11.2023. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. Side) would submit that totally there are 4 accused in this case and the petitioner is arrayed as A1. The petitioner and the defacto complainant are distant relatives and both families were decided to marry the 1st accused to the defacto complainant and the petitioner also agreed to marry the defacto complainant and received money from her by way of G-Pay. Subsequently, a dispute arose regarding the money and the 1st accused refused to marry the defacto complainant and thereby cheated her. He would further submit that the co-accused persons/A2 to A4 were released on bail and he fairly concedes that the investigation is completed and the charge sheet has been filed before the concerned Court.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the investigation in this case is completed and the charge sheet has been filed before the concerned Court and the co-accused/A2 to A4 were already released on bail, this court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

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6. Accordingly, the petitioner is ordered to be released on 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 No.VI, 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 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 Aadhaar 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.VI, Madurai. If the petitioner changes his residential address, he shall report the same to the concerned Court. [c]the petitioner shall report before the respondent police daily at 10.30 a.

m., until further order.

[d]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[e]the petitioner shall not abscond either during investigation or trial. 4/6

[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 petitioners are 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/petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 02/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mac TO

1. THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE INSPECTOR OF POLICE, THIRUNAGAR POLICE STATION, MADURAI CITY, MADURAI.

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

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+1 CC to M/s.C.EZHILARASU, Advocate ( SR-5852[I] dated 02/06/2025 )

ORDER

IN CRL OP(MD) No.8297 of 2025 Date :02/06/2025 HPS/12.06.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6