Sankar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.05.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.9266 of 2026 1.M.Sankar 2.M.Jothi Sivanambal 3.L.Marisamy ... Petitioners/ A1 to A3 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Thiruverumbur P.S., Trichy.

(Crime No.113 / 2024) ... Respondent/Complainant For Petitioners : Mr.V.Vishnu For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For Intervenor : Mr.B.Jameel Arasu PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.113 of 2024 on the file of 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 I.P.C., in Crime No.113 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners approached the defacto complainant and promised to arrange jobs in Australia, pursuant to which, they received a sum of Rs.6,50,000/- on various dates. However, they neither arranged the jobs nor repaid the said amount to the de-facto complainant. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence 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.

4. The learned Additional Public Prosecutor submitted that the petitioners approached the de-facto complainant and promised to arrange jobs in Australia

and received a sum of Rs.6,50,000/- on various dates. However, they neither arranged the jobs nor repaid the said amount to the de-facto complainant.

5. Considering the facts and circumstances of the case, and taking into account the nature of the allegations and the fact that the dispute primarily relates to the non-refund of the amount alleged to have been received from the de-facto complainant, 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 each of the petitioners shall deposit a sum of Rs.25,000/-, totalling to Rs.75,000/-, to the credit of Crime No.113 of 2024 on the file of the respondent Police. Further, each of 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 No.VI, Trichy, within a period of fifteen days from the date on which the order copy was made ready and on further conditions 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 Aadhaar card or bank pass book to ensure their identity;

[b] the petitioners 1 and 3 shall report before the respondent police daily at 10.30 a,m., for a period of two weeks and thereafter, as and when required for interrogation. The second petitioner shall report before the respondent Police as and when required for interrogation. [c]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners shall not abscond either during investigation or trial.

[e]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].

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

(S S Y J) 07.05.2026 smn2 To

1. The Inspector of Police, Thiruverumbur Police Station, Trichy.

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

S.SRIMATHY, J.

smn2

ORDER

IN CRL OP(MD)No.9266 of 2026 07.05.2026