Karthik v. State Of Tamilnadu Rep By Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2025
CORAM
THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 14741 of 2025 1.Karthik 2.Suseela @ SUsela ..Petitioners/ A1 & A2 Vs State Of Tamilnadu, Rep By The Inspector Of Police, Usilampatti Town Police Station, Madurai District.
(Crime No.280 of 2025) Respondent(s) For Petitioner(s):
Mr.P.Praveenkumar For Respondent(s):
Mr.A.S.Abul Kalaam Azad Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.280 of 2025 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioners/A1 and A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 316(2), 318(4), 303(2) and 351(2) of BNS, Act, 2023, in Crime No.280 of 2025 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners totally received a sum of Rs. 3,56,000/- from the defacto complainant.
Thereafter, the petitioners refused to repay 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 2/8
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 and it is purely a civil transaction. However, he opposed to grant anticipatory bail to the petitioners. 5.The learned counsel appearing for the petitioner seeks permission of this Court to withdraw this petition in respect of the first petitioner and he has also made an endorsement to that effect.
6.Recording the submission of the learned counsel appearing for the petitioners, this Criminal Original Petition is dismissed as withdrawn in respect of the first petitioner with 3/8
liberty to the first petitioner to approach the court below to get bail.
7. Insofar as the second petitioner is concerned, taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that there are no previous cases pending against the petitioners and she is aged about 60 years , this Court is inclined to grant anticipatory bail to the second petitioner, subject to certain conditions.
8. Accordingly, this petition is partly allowed and the second petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Usilampatti, on condition that the second 4/8
petitioner 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 No.I, Usilampatti, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
(a) the second 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 second petitioner shall furnish her residential address and mobile number to the learned Judicial Magistrate No.I, Usilampatti. In the event of any change in her residential address, the second petitioner shall report the 5/8
same to the learned Judicial Magistrate No.I, Usilampatti;
(c) the second petitioner shall report before the respondent police as and when required for interrogation;
(d) the second petitioner shall not tamper with evidence or witness either during investigation or trial;
(e) the second 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 second petitioner in accordance with law as if the conditions have been imposed and the second petitioner released on bail by the learned 6/8
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/second petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
08.09.2025 vsg To 1.The learned Judicial Magistrate No.I, Usilampatti.
2.The Inspector Of Police, Usilampatti Town Police Station, Madurai 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.14741 of 2025 Date : 08.09.2025 8/8