Senthilkumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI CRL OP(MD). No.8336 of 2025 Senthilkumar, S/o.Nagarajan ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, SIPCOT Police Station, Thoothukudi District.

(Crime No.287 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Ramakrishnan, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.287 of 2025 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 offences punishable under Section 406 of IPC in Crime No.287 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the 1st accused approached the de-facto complainant to purchase her TATA pickup vehicle bearing Registration No. TN-69BS-0201. On 08.01.2024, the 1st accused went to the de-facto complainant's house and took delivery of the said vehicle. Subsequently, on 10.01.2024, the 1st accused deposited a sum of Rs.40,000/- into the de-facto complainant's account but failed to pay the remaining balance amount. Hence, the present case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and is in no way connected with the alleged occurrence as stated by the prosecution. He has been falsely implicated in this case. He, however, submitted that the petitioner is ready to abide by any conditions to be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner has been arrayed as A4 in this case. A2 and A3 were arrested and

subsequently released on bail by the learned Judicial Magistrate No.III, Thoothukudi on 17.04.2025, and A1 is still absconding. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and taking note of the fact that the two of the co-accused were arrested and subsequently released on bail, and that as the date of registration of FIR is 17.03.2025, by this time most of the investigation might have been completed, 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.III, Thoothukudi 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.III, Thoothukudi 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.III, Thoothukudi. In the event of any change in

his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.III, Thoothukudi;

(c) the petitioner shall report before the respondent police weekly once i.e. on every Monday at 10.00 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 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/- 10.07.2025 // True Copy // / /2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.The Judicial Magistrate No.III, Thoothukudi.

2. Do through the Chief Judicial Magistrate, Thoothukudi.

3.The Inspector of Police, SIPCOT Police Station, Thoothukudi District.

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

+1cc to M/s. S.Ramakrishnan Advocate S.R.No.7489 dated 14/07/2025

ORDER

IN CRL OP(MD) No.8336 of 2025 Date : 10/07/2025 CT (23/07/2025) 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023