Yogaprasanth v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN Yogaprasanth ... Petitioner/Accused No.3 Vs The State represented by The Inspector of Police, District Crime Branch, Kanyakumari District.

(Crime No.8 of 2025) ... Respondent/ Complainant For Petitioner : Mr.K.Pradeep Raj For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.8 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.3, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 420 of IPC in Crime No.8 of 2025, on the file of the respondent police, seeks anticipatory bail. 1/5

2.The case of the prosecution is that the 1st accused in Crime No.8 of 2025, namely, Prabha alleged to have received a sum of Rs.1,00,00,000/- from the defacto complainant, namely, Sudhan with false promise of getting Government Job for him. Hence, the complaint.

3.The learned Counsel for the petitioner would submit that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution and that he has been falsely implicated in this case. He therefore prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the petitioner is doing real estate business. He has given a false promise to the defacto complainant for getting a Government job as Assistant Public Relation Officer. Agreed by the same, he paid Rs.1.00,00,000/- through Bank transaction. A2 and A3 are close friends of the petitioner. A2 received Rs.5 Lakhs and A3 received Rs.5 Lakhs and the rest of the amount has been transferred to A1's bank account. A1 and A2 are husband and wife. They were arrested and they are still in custody.

5.Considering the facts and circumstance of the case and also considering the nature of allegations levelled against the petitioner, this court is inclined to grant anticipatory bail to the petitioner with certain conditions: 2/5

6. Accordingly, 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 No.I, Nagercoil, 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 law as if the conditions have been imposed and the petitioners released on bail by 3/5

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/- 08/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MGA TO 1.THE JUDICIAL MAGISTRATE NO.I, NAGERCOIL.

2.THE CHIEF JUDICIAL MAGISTRATE, KANNIYAKUMARI DISTRICT AT NAGERCOIL.

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

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

+1 CC to M/s.C.SUSI KUMAR, Advocate ( SR-5430[I] dated 09/05/2025 ) 4/5

ORDER

IN CRL OP(MD) No.8557 of 2025 Date :08/05/2025 PR/28.05 .2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5