Periyasamy v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Periyasamy ... Petitioner/Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Uthamapalayam Police Station, Theni District.

(Crime No.153 of 2025). ... Respondent/Complainant For Petitioner : Mr. R Shankar Ganesh, Advocate.

For Respondent : Mr.S.S. Manoj, Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No.153 of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :- 1/6

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 319(2), 318(4) and 351(2) of BNS, 2023 in Crime No.153 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner herein and other accused introduced themselves as Thasildar and received a sum of Rs.1,07,000/- from the defacto complainant for patta transfer and thereby, cheated him. Hence, the complaint.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent police.

4. Considering the nature of allegations against the petitioner and that the petitioner is ready and willing to deposit a sum of Rs.20,000/- and that the co-accused has already been granted bail, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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5.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 learned Judicial Magistrate, Uthamapalayam, within a period of fifteen days from the date of receipt of a copy of this order 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 is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of Crime No.153 of 2025 before the Court concerned, without prejudice to his rights and contentions before the trial Court and produce the receipt / 3/6

acknowledgment before the concerned Court while executing sureties.

[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 the 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 is released on bail by the learned Magistrate/Trial Court himself as laid down by the 4/6

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) 24.11.2025 TRP TO

1. The Judicial Magistrate, Uthamapalayam,

2. The Inspector of Police, Uthamapalayam Police Station, Theni District.

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

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S.SRIMATHY,J TRP

ORDER

IN CRL OP(MD) No.10010 of 2025 Date : 24/11/2025 6/6