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Madras High CourtCRL OP(MD)/11006/2025allowed

Saravanapandian v. The State Of Tamil Nadu

2025-07-09Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Saravanapandian S/o.Ramaiah

...Petitioner/Accused No.1

Vs.

The State of Tamil Nadu rep. by, The Inspector of Police, Alanganallur Police Station, Madurai District.

(Crime No.177 of 2023) ... Respondent/Complainant For Petitioner : Mr.C.K.M.Appaji Advocate For Respondent : Mr.M.Karunanithi, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.177 of 2023 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/Accused No.1, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 406 and 420 of IPC, in Crime No.177 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant's husband is an M.Sc(Chemistry) graduate, who previously worked at an Oil Company in Arakonam and he was in search of abroad job. At that time, the petitioner and the second accused assured the defacto complainant that they would secure a job for her husband in Croatia and received Rs.3,50,000/-. Thereafter, they had informed the defacto complainant that food delivery job is available and the salary will be approximately Rs.90,000/- and showed the offer letter. On believing his words, the defacto complainant's husband went abroad and joined the job on 16.03.2022. Then only, he came to know that the defacto complainant's husband was not given the promised job and had cheated him. When the same was questioned by the defacto complainant, the petitioner threatened the defacto complainant and her husband with dire consequences. Hence, a case has been registered.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has nothing to do with the alleged offence. He would further submit that the petitioner is only an agent and secured a job for the defacto 2/6

complainant's husband as promised by him, and he joined the job on 16.03.2022. Thereafter, he quit the job and returned to India and the petitioner cannot be penalized for the inability of the defacto complainant's husband. Hence, he seeks anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.side) appearing for the respondent police submits that there are totally two accused, the petitioner is arrayed as Accused No.1. He would further submit that the petitioner along with other accused person assured the defacto complainant to get a job at abroad and received a sum of Rs.3,50,000/- and failed to obtain any proper job to him. Hence, he objected to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case, and considering the fact that the date of registration of F.I.R. is 02.05.2023, 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 arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Vadipatti, Madurai District, 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 3/6

the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Vadipatti, Madurai District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall furnish his residential address and contact number to the the learned Judicial Magistrate, Vadipatti, Madurai District. In the event of any change in his residential address, the petitioner shall report the same to the the learned Judicial Magistrate, Vadipatti, Madurai District; (c) the petitioner shall report before the respondent police daily at 10.00 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 4/6

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

Sd/- 09.07.2025 // True Copy // / /2025 Sub Assistant Registrar(CS) Madurai Bench of Madras High Court VSD TO 1.The Judicial Magistrate, Vadipatti, Madurai District.

2. To Through: The Chief Judicial Magistrate, Madurai District.

3.The Inspector of Police, Alanganallur Police Station, Madurai District.

(Crime No.177 of 2023) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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ORDER

IN Date : 09/07/2025 RA - ( 23.07.2025) 6P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6