Sermathurai v. State Of Tamilnadu Rep By Inspector Of Police, Tenkasi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Sermathurai ...Petitioners/Accused No.4 Vs State of Tamil Nadu rep. by The Inspector of Police, Economic Offences Wing(EOW), Tenkasi, Tenkasi District.

(Crime No. 03 of 2024)

...Respondent/Complainant

For Petitioner :Mr.R.Balakrishnan Advocate.

For Respondent :Mr.P.Kottai Chamy Government Advocate (Crl. Side) For Intervener :Mr.J.Vishnu PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.03 of 2024 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/A4, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 409 and 420 of IPC and Section 5 of TNPID Act, 1997 and Sections 21(2) and 23 of Buds Act, in Crime No.03 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is an agent of Anushya Academy of Trading and Yield Company. The petitioner approached the defacto complainant and brainwashed him into depositing a sum of Rs.1,00,000/- in the said company, assuring him of a 10% profit. Believing his words, the defacto complainant paid a sum of Rs.8,00,000/- to the petitioner. Thereafter, the petitioner and his employer neither paid any interest nor repaid the principal amount. Hence, this case.

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3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he was falsely implicated in this case and he is no way connected in the above said incident. He would further submit that the coaccused was already arrested and released on bail. Hence, he prays to grant anticipatory bail to the petitioner.

4.The learned counsel appearing for the intervener would submit that the defacto complainant paid a sum of Rs.8,00,000/- to the petitioner. Thereafter, the petitioner neither paid any interest nor repaid the principal amount. Hence, he opposes to grant anticipatory bail to the petitioner.

5. The learned Government Advocate (Crl. Side) appearing for the respondent Police would 3/8

submit that the petitioner cheated the defacto complainant by receiving a sum of Rs.8,00,000/-. He would further submit that the petitioner has no previous cases. However, he opposes to grant anticipatory bail to the petitioner.

6. Heard both sides and perused the materials available on record.

7. Considering the rival submissions on either side and the nature of offences charged against the petitioner and also considering the fact that at this stage, the material part of the investigation might have been completed and the petitioner has no previous cases and the coaccused was arrested and released on bail, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is 4/8

ordered to be released on anticipatory bail on condition to 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 Special Court TNPID Act Cases, Madurai, and on further conditions that:

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[c] the petitioner shall not commit any offences of similar nature.

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

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial 5/8

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 petitioners 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 B.N.S.

(P D B J) 06.04.2026 vsg 2/2 6/8

To 1.The Special Court TNPID Act Cases, Madurai, 2.The Inspector of Police, Economic Offences Wing(EOW), Tenkasi, Tenkasi District.

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

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P. DHANABAL, J., vsg

ORDER

IN CRL OP(MD) No. 10265 of 2025 Date : 06.04.2026 2/2 8/8