Sundaramoorthy v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). No.12666 of 2025 1.Sundaramoorthy

2. Raja . ..Petitioners/ Accused Nos.1 & 5 Vs The State of Tamil Nadu Rep by the Inspector of Police, K.Pudur Police Station, Madurai City, Madurai - 625 007.

(Crime No.257 of 2024) ... Respondent/Complainant For Petitioners : Mr.R.Karunanidhi Advocate.

For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) For Intervenor : Mr.E.Sathish Rajkumar PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.257 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 120B, 406, 420, 465, 468, 471 of IPC, in Crime No.257 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused persons have received a sum of Rs.9,53,353/- from the defacto complainant for getting a Railway Job. Thereafter, the petitioners along with other accused persons, neither secured the Job nor returned the money. 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 seek anticipatory bail to the petitioners.

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4. The learned Government Advocate (Crl. side) submitted that there is no previous case pending against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.

5. The learned counsel for the Intervenor/defacto complainant submitted that the petitioners along with other accused persons have cheated the defacto complainant. Hence he strongly opposed for grant of anticipatory bail to the petitioners.

6. Taking into consideration of the facts and circumstances of the case and also the fact that specific overt act attributed against A2 and A4 and there is no previous case pending against the petitioners, 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 learned Judicial Magistrate Court No.VI, Madurai, on condition that each of the 3/6

petitioner shall execute a separate 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 learned Judicial Magistrate Court No.VI, Madurai, 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;

(b) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders.; (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 4/6

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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 22.10.2025 msrm To 1.The learned Judicial Magistrate Court No.VI, Madurai.

2.The Inspector of Police, K.Pudur Police Station, Madurai City, Madurai - 625 007.

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

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S.SRIMATHY, J.

msrm

ORDER

IN CRL OP(MD) No.12666 of 2025 Date : 22.10.2025 (1/2) 6/6