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Madras High CourtCRL OP(MD)/8711/2025partly allowed

Babu v. The State Of Tamil Nadu

2025-11-24Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.11.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Babu 2.ManoChitra 3.Jeganathan 4.Bama 5.Saravanan 6.Selvarani @ Selavarani ... Petitioners/A1 to A6 Vs

1. State of Tamil Nadu The Inspector of Police, Kayathar Police Station, Thoothukudi District.

(Crime No.127 of 2025) 2.The Inspector of Police, The District Crime Branch, Thoothukudi District, Thoothukudi. ... Respondents/Complainants (R2 is impleaded as per the order of the court dated 12.11.2025 in Crl.M.P(MD)No.17000 of 2025 in Crl.O.P(MD)No.8711 of 2025 by SSYJ) For Petitioners : Mr.P.M.Vishnuvarthanan For R1 : Mr.S.S.Manoj Government Advocate (Crl.Side) For R2 : Mr.M.Prabhu PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.127 of 2025 on the file of 1/6

the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 IPC in Crime No.127 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The learned counsel for the petitioners seeks permission of this Court to withdraw this petition in respect of the petitioners 1 and 2 and he has made an endorsement to that effect. In view of the same, this petition is dismissed as withdrawn in respect of the petitioners 1 and 2/A1 and A2.

3. The case of the prosecution is that the defacto complainant invested Rs.66,46,000/- with the first accused and profit of Rs.27 lakhs was not paid in time. Hence, the complaint.

4. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any 2/6

offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

5. The learned Government Advocate (Criminal Side) submitted that the petitioners have no previous cases and the investigation is yet to be completed. However, he opposed for grant of anticipatory bail to the petitioners.

6. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners 3 to 6, subject to certain conditions.

7.Accordingly, the petitioners 3 to 6 are ordered to be released on bail in the event of arrest or on their appearance, on condition that each of 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 learned Judicial Magistrate Court No.II, Kovilpatti, 3/6

Thoothukudi District, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that: [a]the petitioners 3 to 6 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 petitioners 3 to 6 shall deposit Rs.1,00,000/- (Rupees one lakh only) to the credit of Crime No.127 of 2025. On such deposit, the learned Magistrate shall accept the sureties;

[c] the petitioners 3 to 6 shall report before the respondent police daily at 10.30 a.m., until further orders;

[d]the petitioners 3 to 6 shall not tamper with the evidence or witness either during investigation or trial; [e]the petitioners 3 to 6 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 petitioners 3 to 6 in accordance with law as if the conditions have been 4/6

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];

[g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

24.11.2025 PJL To 1.The Judicial Magistrate Court No.II, Kovilpatti, Thoothukudi District 2.The Inspector of Police, Kayathar Police Station, Thoothukudi District.

(Crime No.127 of 2025) 3.The Inspector of Police, The District Crime Branch, Thoothukudi District, Thoothukudi.

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

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S.SRIMATHY, J.

PJL 24.11.2025 6/6