M.Prathap v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI M.Prathap, S/o.Murugesan, ..Petitioner/Accused Rank not known Vs The State of Tamilnadu rep.by The Inspector of Police, Koodal Pudhur Police Station, Madurai City.

.. Respondent/Complainant For Petitioner : Mr.N.Karthik Kanna, Advocate.

For Respondent : Mr.S.Prakash Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.593 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused Rank not known, who apprehends arrest at the hands of 1/6

the respondent police for the offence punishable under sections 140(2), 115(2) and 351(3) of BNS in Crime No.593 of 2025 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant and his friend namely Muralimanikandan and the accused persons have jointly done the business in the share market. Suddenly, there was loss in the business, the defacto complainant's friend could not repay the amount for his friend MuraliManikandan. In such circumstances, on 26.06.2025 when the defacto complainant's brother was waiting at Old Vilangudi stop, A1 and A3 along with other accused persons came there and questioned about the defacto complainant and pushed him into the Car and also threatened him with knife point. Hence, he contacted his brother/defacto complainant through phone and the defacto complainant reported the incident to the respondent and the respondent rescued the detenue from a lodge at Srirangam, Trichy. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that The detenue voluntarily traveled and 2/6

brought the accused persons to Srirangam lodge with an intention of arranging payment to them. He consumed liquor and spent the night with them. On the very next day, he concocted a false story of kidnapping. The petitioner is not present at the scene of occurrence and the petitioner's name does not find place in the FIR. He would further submit that the co-accused were already released on bail by this Court in Crl.OP(MD)Nos.11991 and 12007 of 2025. Hence, he seeks bail. 4.The learned Government Advocate (Criminal Side) would submit that there existed money dispute between the parties. The defacto complainant and his companion received a sum of Rs.10 lakhs from the first petitioner to meet out their loss in the share market. Despite several demand, they have not repaid the amount. Due to that motive, on 26.06.

2025 when the defacto complainant's brother was waiting at Old Vilangudi stop, A1 and A3 along with other accused persons came there and questioned about the defacto complainant and pushed him into the Car and also threatened him with knife point. He would further submit that the investigation is pending and the petitioner is not having any previous case. He would further submit that the co-accused were granted bail. 5.

taking note of the fact that the injured was discharged from the hospital and material part of the investigation might have been completed and also considering the fact that the co-accused were already released on bail by this Court in Crl.OP (MD)No.11991 and 12007 of 2025, this court is inclined to grant anticipatory bail to the petitioner, subject to the following 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 of receipt of 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.IV, Madurai, 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 mobile number to the learned Judicial Magistrate No.IV, Madurai. In the event of any change in his 4/6

residential address, the petitioner shall report the same to the learned Judicial Magistrate No.IV, Madurai;

(d) the petitioner shall report before the respondent police daily twice i.e., 10.00 a.m., and 05.00 pm., until further orders; (e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioner shall not abscond either during investigation or trial; (g) 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; (h) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 23/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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das TO 1.The Judicial Magistrate No.IV, Madurai.

2.Do through the Chief Judicial Magistrate, Madurai. 3.The Inspector of Police, Koodal Pudhur Police Station, Madurai City.

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

+1 CC to M/s.N.KARTHIK KANNA, Advocate ( SR-8023[I] dated 25/07/2025 )

ORDER

IN CRL OP(MD) No.12241 of 2025 Date :23/07/2025 PR/12.08.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6