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Madras High CourtCRL OP(MD)/10322/2025allowed

Parameshwaran v. The State Of Tamilnadu

2025-06-20Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Parameshwaran, S/o.Mani ... Petitioner/A6 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Koodal Pudur Police Station, Madurai City.

(Crime No.84 of 2025) ... Respondent/Complainant For Petitioner :

Mr.R.Senthilkumar, Advocate For Respondent :

Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.84 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A6, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 310(2), 127 and 49 of BNS, 2023 in Crime No.84 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the de-facto complainant and the accused persons are friends. In October 2024, the de-facto complainant approached the 1st accused for laptop servicing. At that time, it is alleged that a sum of Rs.2,00,000/- was stolen from the 1st accused's house. Based on that motive, the accused allegedly assaulted the de-facto complainant using filthy language, and a sum of Rs.62,000/- was allegedly transferred from the de-facto complainant's bank account to the 3rd accused's bank account. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Criminal Side) submitted that the petitioner has been arrayed as A6 in this case, and that only a sum of Rs.25,000/- has been recovered. He further submitted that all other accused persons were arrested and subsequently released on bail on 20.02.2025 by the learned Principal Sessions Judge, Madurai in Crl.M.P.Nos.679, 788, 795 and 799 of 2025. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and taking note of the fact that co-accused have been arrested and subsequently released on bail, and that as the date of occurrence is 28.01.2025, by this time most of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.IV, Madurai 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.IV, Madurai and on further conditions that:

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(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 Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.IV, Madurai. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.IV, Madurai;

(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 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 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]; and; 4/6

(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 20/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI.

2 THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.

3.The Inspector of Police, Koodal Pudur Police Station, Madurai City.

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

+1 CC to M/s.R.SENTHIL KUMAR, Advocate ( SR-6704[I] dated 24/06/2025 ) 5/6

ORDER

IN CRL OP(MD) No.10322 of 2025 Date :20/06/2025 MK/04.07.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6