Chinna Raasa v. Home, Prohibition And Excise Department

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Chinna rasa, S/o.Rethinam ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Kumbakonam East Police Station, Thanjavur District.

(Crime No.683 of 2024) ... Respondent/Complainant For Petitioner :

Mr.V.Selvakumar, 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.683 of 2024 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 1/5

respondent police for the offences punishable under Sections 316, 318, 336, 337 and 340 of BNS, 2023 in Crime No.683 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner, who is a tawali in the Court, is alleged to have manipulated the Court receipt bearing No.731400, worth about Rs.15,00,000/-, in connection with a Court auction, and issued a forged receipt purportedly relating to E.P.No.111 of 2015 in O.S. No.84 of 2022 on the file of the learned Principal Subordinate Judge, Kumbakonam. Subsequently, on 26.09.2024, a postal envelope addressed to the Principal Sub Court was received, containing the original Court receipt with the details erased using whitener. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and is in no way connected with the offences as alleged by the prosecution. Pursuant to the direction of this Court, the petitioner has also appeared before the respondent police and has co-operated with the enquiry. He further submits that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that originally one Mariappan was the accused in this case, and based on his confession, the petitioner has been implicated. He further submitted that the said amount of 2/5

Rs.15,00,000/- has been recovered. 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 amount has been recovered, and that as the date of registration of F.I.R. is 02.11.2024, 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.I, Kumbakonam 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.I, Kumbakonam 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 3/5

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

(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 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/- 03/07/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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MKN TO 1 THE JUDICIAL MAGISTRATE NO.I, KUMBAKONAM.

2 THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT.

3 THE INSPECTOR OF POLICE, KUMBAKONAM EAST POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.9354 of 2025 Date :03/07/2025 NM/08.07.2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5