Dinesh Jose @ Dinesh Rajini v. The State Of Tamil Nadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Dinesh Jose @ Dinesh Rajini, S/o.Vetriselvan ... Petitioner/A2 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Tallakulam Police Station, Madurai City.

(Crime No.446 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Sukumar, 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.446 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 305(a), 140(2), 111(3), 137(2), 61(2), 49, 127(2), 351(2), 67, 142, 238 and 3(5) of BNS, 2023 in Crime No.446 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there has been civil dispute between the 1st accused and the victim in respect of property situated in Dindigul and Kodaikanal, as the victim failed to register the sale deed in accordance with sale agreement entered into between them. In the meanwhile, the victim was found missing from his residence on 06.04.2025. Hence, the de-facto complainant, who is the brother-in-law of the victim, lodged a complaint and also alleged that certain documents, computer hard disk and CCTV were also found missing from the premises. It is alleged by the prosecution that the victim was kidnapped by the other accused at the instance of the 1st accused upon conspiracy, because of the civil dispute between the 1st accused and the victim. Hence, a case was registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and is in no way connected with the alleged occurrence as stated by the prosecution. He further submitted that A1 and A7 were arrested and 2/6

subsequently released on bail by this Court on 19.06.2025 in Crl.O.P.(MD) Nos.9200 and 9199 of 2025, respectively. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner has been arrayed as A2 in this case. A1 and A7 were arrested and subsequently released on bail by this Court on 19.06.2025 in Crl.O.P.(MD) Nos.9200 and 9199 of 2025, respectively. He further submitted that the entire investigation has been completed, and a charge sheet has been filed in P.R.C.No.440 of 2025 on the file of the learned Judicial Magistrate No.II, Madurai. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case, the nature of the offence, and taking note of the fact that two of the co-accused were arrested and subsequently released on bail, and that the entire investigation has been completed, and a charge sheet has also been filed, this Court is of the view that custodial interrogation of the petitioner is not necessary at this stage. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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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 a copy of this order, before the learned Judicial Magistrate No.II, 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.

II, 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.II, Madurai. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.

(c) the petitioner shall report before the respondent police daily at 10.30 a.m., except on hearing dates, until further orders; Further, the petitioner shall appear before the concerned trial Court on hearing dates; 4/6

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

sd/- 22/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1.The Judicial Magistrate No.II, Madurai.

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

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

+1 CC to M/s.APN LAW ASSOCIATES, Advocate ( SR-9218[I] dated 26/08/2025 )

ORDER

IN CRL OP(MD) No.13176 of 2025 Date :22/08/2025 AS/11.09.2025/6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6