Senthamarai v. The State Of Tamilnadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.05.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Senthamarai 2.Murugan ... Petitioners/Accused 1 & 2 Vs.
State of Tamil Nadu represented by its Inspector of Police, Palanichettipatty Police Station, Theni District.
(Crime No.0206 of 2026) ... Respondent/Complainant For Petitioners : Mr.A.Gowtham For Respondent : Mr.S.Prakash Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.206 of 2026 on the file of the Respondent Police.
ORDER : The Court made the following order :- 1/7
The petitioners/first and second accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 318(4) of BNS, in Crime No.0206 of 2026 on the file of the respondent police, seek anticipatory bail.
2. TThe case of the prosecution is that the petitioners, under the guise of arranging a gold loan at a very low rate of interest, obtained 43⁄4 sovereigns of gold jewels from the defacto complainant and refused to return the gold jewels to the defacto complainant even after paying the entire loan amount. Hence, the present case.
3. The learned counsel for the petitioners submitted that the petitioners are an innocent persons and have not committed any offences as alleged by the prosecution. 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) appearing for the respondent police submitted that the issue pertains to a money dispute 2/7
and that the petitioners failed to return the jewels pledged by the defacto complainant even after paying the entire loan availed by the defacto complainant. Hence, he opposed the grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also the fact that the issue pertains to money dispute, and that the petitioners are ready and willing to deposit a certain amount to the credit of crime number, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioners 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 Judicial Magistrate, Theni, within a period of fifteen days from the date on which the order copy was made ready and on further conditions that:
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[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 Aadhaar card or bank pass book to ensure their identity; [b] the petitioners shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Rupees only) to the credit of Crime No.0206 of 2026 before the learned Judicial Magistrate, Theni. On such deposit, the learned Judicial Magistrate, Theni, shall accept the sureties furnished by the petitioners. After receipt of entire amount, the learned Judicial Magistrate, Theni, 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.0206 of 2026. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment;
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[c] the petitioners shall report before the respondent police daily at 10.30 a,m., for a period of one week and thereafter, as and when required for interrogation;
[d] the petitioners shall not tamper with the evidence or witness either during investigation or trial. [e] the petitioners 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 in accordance with law as if the conditions have been 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].
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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
(S S Y J) 06.05.2026 ta To 1.The Judicial Magistrate, Theni 2.The Inspector of Police, Palanichettipatty Police Station, Theni District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY, J.
ta ORDER IN 06.05.2026 7/7