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Madras High CourtCRL OP(MD)/9309/2025allowed

Chandramouli v. The State Of Tamil Nadu

2025-06-11Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Chandramouli, S/o.Vijayan ... Petitioner/A3 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, District Crime Branch, Pudukottai.

(Crime No.9 of 2024) ... Respondent/Complainant For Petitioner : Mr.P.Sivachandran, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.9 of 2024 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 417, 420, 465, 468, 471 and 109 of IPC in Crime No.9 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that A3 and A4 are the brokers and they have informed the de-facto complainant as if A1 and A2 are the owners of two plots and they have also created documents to that effect. A1 and A2 have received a sum of Rs.40,00,000/- from the de-facto complainant. Later, it came to light that A1 and A2 are not the owners of the property and it was owned by some other person and it was also acquired by the Highways for which the original owner has received compensation. Hence, the case.

3. The learned counsel for the petitioner submitted that this is the third application for anticipatory bail before this Court. The petitioner did not get any amount from the de-facto complainant. He has been falsely arrayed as an accused in this case. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Criminal Side) submitted that there are totally five accused persons in this case and the petitioner has been arrayed as A3. A1 and A2 have already been arrested and subsequently released on bail. A4 has been granted anticipatory bail by this Court, and A5 is still absonding. He further submitted that the petitioner/A3 is the broker. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and taking into account of the fact that A1 and A2 have been arrested and released on bail and A4 has been granted anticipatory bail by this Court, and considering the fact as the date of occurrence is 05.07.2022, by this time most of the investigation would likely have been completed, and also considering the fact that the petitioner is only a Mediator, 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 receipt of a copy of this order, before the learned Judicial Magistrate No.II, 3/6

Pudukottai 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 No.II, Pudukottai 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.II, Pudukottai. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.II, Pudukottai;

(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/- 11/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1.THE JUDICIAL MAGISTRATE NO.II, PUDUKOTTAI. 2.THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI.

3.THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, PUDUKOTTAI.

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

5/6

+1 CC to M/s.S.ALAGUSUNDAR, Advocate ( SR-6306[I] dated 13/06/2025 )

ORDER

IN CRL OP(MD) No.9309 of 2025 Date :11/06/2025 PR/17.06 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6