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Madras High CourtCRL OP(MD)/12443/2025granted

Nedunchezhiyan v. The State Of Tamilnadu

2025-10-14Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Crl.O.P.(MD) No.12443 of 2025 1.Nedunchezhiyan 2.Venkatachalam 3.Selvi @ Desiaselvi ... Petitioners Vs.

State represented by The Inspector of Police, District Crime Branch, Tiruchirappalli.

(Crime No.68 of 2024)

...Respondent / Respondent

For Petitioners : Mr.S.Sukumar For Respondent : Mr.S.S.Manoj, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.68 of 2024 on the file of the respondent police.

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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 420, 406 and 120(b) IPC in Crime No.68 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that, owing to a civil dispute between the petitioners and the defacto complainant, the petitioners cheated the defacto complainant by failing to execute the sale deed and by not returning the amount received from the defacto complainant. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they are no way connected with the alleged occurrence as stated by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent-Police opposed to grant anticipatory bail to the petitioners. 2/6

5. The interim anticipatory bail already granted by this Court is made absolute.

6. Taking into consideration of the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate Court No.I, Tiruchirappalli on condition that each of the petitioners 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 respondent police or the police officer who intends to arrest or to the satisfaction of the Judicial Magistrate Court No.I, Tiruchirappalli, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(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;

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(b) the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of one week and thereafter, as and when required for interrogation; (c) the petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the petitioners 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 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;

(f) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 14.10.2025 KSA To

1. The Judicial Magistrate Court No.I, Tiruchirappalli. 4/6

2.The Inspector of Police, District Crime Branch, Tiruchirappalli.

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

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S.SRIMATHY, J.

KSA

ORDER

IN CRL OP(MD) No.12443 of 2025 Date : 14.10.2025 6/6