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Madras High CourtCRL OP(MD)/9157/2026granted

Shajimony v. The State Of Tamilnadu Rep. By

2026-05-06Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.05.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Shajimony 2.Raj Bekilamony ... Petitioners Vs The State of Tamil Nadu Rep.By, the Inspector of Police, Arunmanai Police Station, Kanyakumari District.

Crime No.53 of 2026 ... Respondent/Complainant For Petitioner : Mr.C.Radha Krishnan 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.53 of 2026 on the file of the Respondent Police.

ORDER : The Court made the following order :- 1/7

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 316(2) and 318(2) of BNS, 2023 in Crime No.53 of 2026, 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.7,50,000/- from the defacto complainant, on a false promise that they would arrange a job for him and thereafter, cheated him. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are husband and wife. The defacto complainant is the friend of the first petitioner. The first petitioner has borrowed a sum of Rs.50,000/- from the defacto complainant and issued a blank cheque. Thereafter, the first petitioner has repaid the said amount along with interest, however, the blank cheque given to the defacto complainant has not been returned by him. Thereafter, he came to know that by using the blank cheque given by the first petitioner, the defacto complainant has 2/7

foisted a false complaint as against this petitioner. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Crk.Side) submitted that this is a case of job racketing. The petitioners have received a sum of Rs.7,50,000/- from the defacto complainant, on a false promise to obtain a job for him.

5. Considering the facts and circumstances of the case, 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) each with one surety each for a like sum to the satisfaction of the Judicial Magistrate Court No.I, Kulithurai, 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) each, to the credit of Crime No.53 of 2026 before the learned Judicial Magistrate No.I, Kulithurai. On such deposit being made, the learned Judicial Magistrate, shall accept the sureties produced by the petitioners.

[c] the first petitioner 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. The second petitioner shall report before the respondent police as and when required for interrogation.

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[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].

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

(S S Y J) 06.05.2026 vrn 5/7

To 1.The Judicial Magistrate Court No.I, Kulithurai.

2. The Inspector of Police, Arunmanai Police Station, Kanyakumari District.

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

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S.SRIMATHY,J vrn

ORDER

IN 06.05.2026 7/7