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Madras High CourtCRL OP(MD)/12813/2025granted

Poojan v. The State Of Tamil Nadu

2025-09-17Honourable Mrs Justice S.Srimathy6 pages

CRL OP(MD) NO. 12813 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17-09-2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 12813 of 2025 Poojan S/o. Purushothaman, 107/88, Mohan Apartment, Flat No. 9, 2nd Floor, South West Boag Road, T. Nagar, Thiyagaraya Nagar, Chennai-17.

Petitioner(s) Vs The State of Tamil Nadu Rep. by The Inspector of Police, Town East Police Station, Thanjavur District. (Crime No. 193 of 2025) Respondent(s) For Petitioner(s):

M/s.K. Sheenivasan For Respondent(s):

Mr.A.S.Abul Kalaam Azad, Government Advocate (crl. Side) For Intervenor : Mr.T.LeninkKumar Prayer: For Anticipatory Bail in Crime No. 193 of 2025 on the file of the respondent Police.

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ORDER

The petitioner herein/sole accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 420 of IPC, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner borrowed money from the defacto complainant, but failed to repay the same. Hence, a case was registered.

3. The learned counsel for the petitioner submitted that the the alleged occurrence took place in the year 2021 but a complaint was registered only in the year 2025 and hence, he is not anyway connected with the alleged offence. He further submitted that the present case has been foisted on him and prays for anticipatory bail in favour of the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there is money dispute is pending between the parties.

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5. Considering the above facts and circumstances of the case the petitioner is directed to deposit a sum of Rs.1 Lakh in the crime number before the learned Judicial Magistrate Court No.1, Thanjavur within a period of four weeks from the date of receipt of a copy of the order. The deposited amount shall be reinvested in any one of the Nationalised bank in interest accruing deposit.

6. On such deposit, this Court is inclined to grant anticipatory bail to the petitioner and the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate Court No.1, Thanjavur, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate Court No.1, Thanjavur, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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(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 Court No.1, Thanjavur. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate Court No.1, Thanjavur; (c) the petitioner shall appear before the respondent police weekly once without fail for investigation;

(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 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;

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

17.09.2025 [2/2] KSA To

1. The Judicial Magistrate Court No.1, Thanjavur.

2. The Inspector of Police, Town East Police Station, Thanjavur District.

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. 12813 of 2025 [2/2] 17.09.2025 6/6