Nagarajan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.02.2026 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.9963 of 2025 Nagarajan ... Petitioner Vs.

The State of Tamil Nadu, Rep. by the Inspector of Police, Muthiahpuram Police Station, Thoothukudi District.

(Crime No.191 of 2025) ... Respondent For Petitioner : Mr.C.Ezhilarasu For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) For Intervenor: Mr.R.Karunanidhi PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.191 of 2025 on the file of the respondent police.

ORDER: The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police 1/5

for the offences punishable under Sections 296(b), 316(2), 318(4) and 351(2) of BNS, in Crime No.191 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner with others abused the defacto complainant with filthy language and received Rs.3,00,000/- for buying a property but neither sold the property nor returned the amount, thereby committing cheating. Hence, the apprehension of arrest. Hence, a case has been registered as against the petitioner.

3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioner are serious in nature. Further, the petitioner has no previous case against him and the petitioner is the broker who has acted as facilitator between the other accused. 2/5

5.This case was referred to the Mediation and Conciliation Centre. Today, it is reported that the mediation failed. 6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 Judicial Magistrate No.II, Thoothukudi, within a period of fifteen days from the date on which the order made ready 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 Aadhaar card or bank pass book to ensure their identity. [b]the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required. [c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[d]the petitioner shall not abscond either during investigation or trial. 3/5

[e]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 is 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.

23.02.2026 TMG TO 1.Judicial Magistrate No.II, Thoothukudi.

2.The Inspector of Police, Muthiahpuram Police Station, Thoothukudi District.

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

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S.SRIMATHY,J TMG

ORDER

IN CRL OP(MD) No.9963 of 2025 Date : 23.02.2026 5/5