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Madras High CourtCRL OP(MD)/11990/2025granted

Parthiban v. The State Of Tamil Nadu

2025-11-04Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.11.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.11990 of 2025 Parthiban ... Petitioner Vs.

The State of Tamil Nadu, Rep. by the Inspector of Police, Karimedu Police Station, Madurai City.

(Crime No.322 of 2025)

...Respondent

For Petitioner : Mr.C.Senthil Murugan For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.322 of 2025 on the file of the first respondent police.

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ORDER: The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 318(4) of BNS, 2023, in Crime No. 322 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant is native of Erode District. He was engaged in Finance Business along with his friend, one Saravanan informed the defacto complainant that he knew one Rajesh who is the 1st accused. He would give money in Triplets method and accordingly deceived the defacto complainant. Hence on 17.06.2025 at about 05.00 a.m., the defacto complainant and his friend Ramanathan had come down to Madurai along with Rs.

4,00,000/-, thereafter, contacted the lst accused, the 1st accused in turn directed the defacto complainant near Karthick Bhavan Hotel, at that time the 1st accused has shown two bundle of Rs. 200/- currency and asked the defacto complainant to follow him. After reaching Britto School, the lst accused has instructed the defacto complainant to hand over Rs.4,00,000,/- to another. After the receipt of the ;amount, the said person left the place. Thereafter, the 1st accused fled away from the scene of occurrence and thereby committed the offence. Hence, this case.

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3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioner are serious in nature. Further, all the other accused were arrested and released on bail. The money is recovered and the investigation is still pending. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 learned Judicial Magistrate No.V, Madurai, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that: [a]the petitioner and the sureties shall affix their photographs and left 3/6

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 petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. The petitioner shall cooperate with the investigation. [c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[d]the 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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.

04.11.2025 TMG 4/6

TO

1. The learned Judicial Magistrate No.V, Madurai.

2. The Inspector of Police, Karimedu Police Station, Madurai City.

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

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S.SRIMATHY,J TMG

ORDER

IN CRL OP(MD) No.11990 of 2025 Date : 04.11.2025 6/6