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Madras High CourtCRL OP(MD)/10689/2025allowed

S.R.Ragini v. The State Of Tamilnadu Rep.By

2025-08-04Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI and Crl.M.P(MD)No.8716 of 2025 1.S.R.Ragini W/o.Nakeeran 2.Nakeeran S/o.Mayan

...Petitioners/Accused

Nos.1 & 2 Vs.

State of Tamil Nadu rep. by The Inspector of Police, Andipatty Police Station, Theni District.

(Crime No.231 of 2025)

...Respondent/Complainant

For Petitioners : Mr.R.Kavin Prasath Advocate For Respondent : Mr.M.Karunanithi Government Advocate(Crl.Side) For Intervenor : Mr.D.Srinivasaragavan PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.231 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 316(2), 318(4), 351(2) of BNS Act in Crime No.231 of 2025 on the file of the respondent police.

2. The case of the prosecution is that the petitioners promised to sell the land to the defacto complainant and received the advance amount of Rs.10,00,000/- from him, but neither executed the sale nor returned the money. When the defacto complainant demanded the amount, the petitioners threatened the defacto complainant with dire consequences and refused to return the amount. Hence, the case has been registered.

3. When the matter is taken up for hearing today (04.08.2025), the learned counsel for the petitioners and the learned counsel for the defacto complainant submitted that the matter is now compromised. Both parties have filed a Joint Compromise Memo stating that they have amicably settled the issue out of Court and the said amount of Rs.10,00,000/- (Rupees Ten Lakhs only) also repaid by the petitioners to the defacto complainant and entered into compromise. 2/6

4. The learned Government Advocate (Crl.side) for the respondent and the learned counsel for the defacto complainant have not raised any objection to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also taking note of the fact that both the petitioners and the defacto complainant settled the matter out of Court and also taking note of the fact that they have filed a joint compromise memo to that effect, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Andipatti, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 before the learned Judicial Magistrate, Andipatti, and on further conditions that:

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a) the petitioners 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 petitioners shall furnish their residential address and mobile number to the the Judicial Magistrate Court, Andipatti. In the event of any change in their residential address, the petitioners shall report the same to the Judicial Magistrate Court, Andipatti;

(c) the petitioners shall appear and sign before the respondent police as and when required;

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners 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 petitioners 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]; and; 4/6

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

7.Consequently, the connected Criminal Miscellaneous Petition is closed. sd/- 04/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VSD TO 1.The Judicial Magistrate, Andipatti.

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

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

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+1 CC to M/s.D.SRINIVASARAGAVAN, Advocate ( SR-8410[I] dated 05/08/2025 )

ORDER

IN CRL OP(MD) No.10689 of 2025 Date :04/08/2025 AS/01.09.2025/6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6