K.Kannan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/09/2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY 1.K.Kannan 2.K.Meenakshi . ..Petitioners/ Accused Nos. 1 & 2 Vs The State of Tamil Nadu Rep by the Inspector of Police, K.Pudur Police Station, Madurai District.
(Crime No.223 of 2024) ... Respondent/Complainant For Petitioners : Mr.C.Prithviraj Advocate.
For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.223 of 2024 on the file of the respondent police.
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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 of IPC, in Crime No.223 of 2024 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners have received a sum of Rs.16,00,000/- from the defacto complainant for securing Job in State Government. Thereafter, the petitioner neither secure the job nor returned the money. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they are no way connected with the alleged occurrence as stated by the prosecution. He further submitted that the 1st petitioner is running a Job Oriented Training Institute in the name and style as Jaisakthi Manpower and Vocational Training Foundation at Trichy. The said institute is certified by the Government of India. The defacto complainant's sons namely Michael Raja and Leo Arun Prasath joined the 1st petitioner's institute in the Two years 2/7
Diploma Course and both of them paid Rs.5,000/- as registration fees and Rs.3,50,000/- as course fees. During the year 2021, the defacto complainant's son discontinued the course and asked the first petitioner to return back the course fee. Subsequently the amount of Rs.7,00,000/- was paid to the defacto complainant and agreement was entered upon between the 1st petitioner and the defacto complainant. He further submitted that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. side) submitted that the investigation is almost completed and there is no previous case pending against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.
5. Taking into consideration of the facts and circumstances of the case and also the fact that the investigation is almost completed and if the petitioner is directed to deposit some amount to the credit of crime number, and the same would suffice to grant anticipatory bail to the 3/7
petitioner, with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their 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 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.VI, Madurai, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
(a) the petitioners 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 petitioners are directed to deposit a sum of Rs. 1,50,000/- (Rupees One Lakh and Fifty Thousand only) to the credit of Crime No.223 of 2024 before the learned Judicial Magistrate No.VI, Madurai. On such deposit, the 4/7
learned Judicial Magistrate No.VI, Madurai, shall accept the sureties furnished by the petitioners. After receipt of entire amount, the learned Judicial Magistrate No.VI, Madurai, shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.223 of 2024. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.
(c) the petitioner shall report before the respondent police as and when required for interrogation. (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 5/7
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 abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 08.09.2025 msrm To
1. The Judicial Magistrate No.VI, Madurai.
2.The Inspector of Police, K.Pudur Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY, J.
msrm
ORDER
IN CRL OP(MD) No.9090 of 2025 Date : 08.09.2025 7/7