Gulshankumar Makkar @ Gulchan Makkar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/09/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Gulshankumar Makkar @ Gulchan Makkar

2. Thanya Makkar ... Petitioners/Accused Vs The State of Tamil Nadu Rep.By, the Inspector of Police, City Crime Branch, Trichy City.

(Crime No.25 of 2022) ... Respondent/Complainant For Petitioners : Mr.C.Susikumar Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.25 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 417 and 420 of IPC, in Crime No.25 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the first accused had approached the defacto complainant and informed that he is doing business with his friends at Trichy and invite the defacto complainant to invest money. Believing the words, the defacto complainant and other 3 victims paid altogether a sum of Rs.69,00,000/- Subsequently, the 1st accused did not give any profit or repay the amount as promised by him. Further, the defacto complainant as well as the other victims deposited the amount in the account of the petitioners. 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 entire amount has been handed over to the first accused, and a false case has been 2/7

given. He further submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that there is no previous case pending against the petitioners and the 1st petitioner is not an accused in this case and the investigation has been completed and charge sheet has also been filed. However, he vehemently opposed to grant of anticipatory bail to the 2nd petitioner.

5. Considering the facts and circumstances of the case and also the fact that the 1st petitioner is not an accused in this case, therefore, this Criminal Original Petition is closed in respect of the 1st petitioner. Further, the investigation has been almost completed and the charge sheet has also been filed, this Court is inclined to grant anticipatory bail to the 2nd petitioner, subject to certain conditions. 3/7

6.Accordingly, the 2nd petitioner is ordered to be released on bail in the event of arrest or on her appearance, on condition that the 2nd 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 No,1, Trichy, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that:

[a]the 2nd 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 2nd petitioner shall report before the trial Court on all hearing dates without fail.

[c]the 2nd petitioner shall not tamper with the evidence or witness either during investigation or trial. 4/7

[d]the 2nd petitioner 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 2nd petitioner in accordance with law as if the conditions have been imposed and the 2nd petitioner 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) 11.09.2025 msrm 5/7

To 1.The learned Judicial Magistrate No.1, Trichy.

2.The Inspector of Police, City Crime Branch, Trichy City.

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

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S.SRIMATHY,J msrm

ORDER

IN 11.09.2025 7/7