Salaman Arputharaj @ Salaminarputharaj v. The State Of Tamil Nadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2025
CORAM
THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 13637 of 2025 1.Salaman Arputharaj @ Salaminarputharaj 2.Manikandan ..Petitioners/ Accused Nos.2 & 3 Vs State Of Tamilnadu, Rep By The Inspector Of Police, Ambilikkai Police Station, Dindigul District.
(Crime No.115 of 2022) Respondent(s) For Petitioner(s):
Mr.V.M.Jegadeesha Pandian For Respondent(s):
Mr.S.S.Manoj Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.115 of 2022 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioners/A2 and A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 of IPC, in Crime No.115 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant is running a flammable oil business in Pollachi area in the name and style of Universal Oil and chemicals. The petitioners and other accused person approached the defacto complainant to buy those oils in good price and the defacto complainant agreed to sell the oil to the petitioners for the rate of Rs.95/- per litre. Thereafter, the defacto complainant unloaded the flammable oil to the agency as informed by the petitioners. After unloaded the oil, the defacto complainant asked the payment 2/9
from the petitioners. But, the petitioner refused to pay the same. Hence, a case was registered.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He, however, submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.
4. The learned Government Advocate (Crl. side) submitted that there are no previous cases registered against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.
5. Taking into consideration of the facts and circumstances of the case, the nature of the 3/9
offence, and also taking note of the fact that there are no previous cases pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
6. Accordingly, this petition is allowed and 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 of receipt of a copy of this order, before the learned Judicial Magistrate Court, Ootanchathiram, Dindigul District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with 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, Ootanchathiram, Dindigul District, failing 4/9
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 are directed to deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) each to the credit of Crime No.115 of 2022 before thelearned Judicial Magistrate Court, Ootanchathiram, Dindigul District. On such deposit, the learned Judicial Magistrate Court, Ootanchathiram, Dindigul District, shall accept the sureties furnished by the petitioners. After receipt of entire amount, the learned Judicial Magistrate Court, Ootanchathiram, Dindigul District, shall deposit the said amount in an 5/9
interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No. 115 of 2022. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.
(c) the petitioners shall furnish his residential address and mobile number to the learned Judicial Magistrate Court, Ootanchathiram, Dindigul District. In the event of any change in his residential address, the petitioners shall report the same to the learned Judicial Magistrate Court, Ootanchathiram, Dindigul District ;
(d) the petitioners shall report before the respondent police as and when required for 6/9
interrogation and the petitioner shall cooperate with the investigation;
(e) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(f) the petitioners 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 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;
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(h) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
04.09.2025 vsg To 1.The learned Judicial Magistrate Court, Ootanchathiram, Dindigul District.
2.The Inspector Of Police, Ambilikkai Police Station, Dindigul District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY.J., vsg Crl.O.P.(MD).No.13637 of 2025 Date : 04.09.2025 9/9