S.Shanmuga Rajeswaran v. State Of Tamilnadu Rep By Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/09/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD).No.15037 of 2025 S.Shanmuga Rajeswaran, S/o.Sakkarai, .. Petitioner/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Ramjee Nagar Police Station, Trichy.

(Crime No.141 of 2024) .. Respondent/Complainant For Petitioner :Mr.A.Subramanian Advocate For Respondent : Mr.A.S.Abul Kalam Azad Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.141 of 2024 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 316(2), 318(4), 351(2) of BNS and Section 4 of TNPHW Act, 2002 in Crime No.141 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto-complainant for his daughter's education purpose bought Innova Car on 31.01.2024 after paying the entire amount of Rs.10,00,000/- from the petitioner. But,the petitioner did not give original RC book and threatened the defactocomplainant with dire consequences and abused him with filthy language. Hence, the case.

3. The learned counsel for the petitioner would submit that the respondent police lodged a false case against this petitioner. The petitioner is an innocent person and he has not 2/8

committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that the defacto-complainant bought Innova car from the petitioner, but the petitioner did not give original RC book and threatened the defacto-complainant with dire consequences. In this case, investigation is not yet completed. There is no previous case against this petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, there is no previous case against the petitioner, 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 anticipatory bail in the event of his 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 Additional Mahila Court, Trichy 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Additional Mahila Court, Trichy and on further conditions 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;

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[b] the petitioner shall make deposit of Rs.1,00,000/- (Rupees one Lakh only) to the credit of Crime No.141 of 2024, without prejudice to his defence before the trial Court; and on such deposit being made, the learned Additional Mahila Court, Trichy shall accept the sureties furnished by the petitioner; the learned Additional Mahila Court, Trichy shall deposit the said amount as fixed deposit in a Nationalized Bank and the entitlement of the said amount will be decided at the time of disposal of the main case.

(c) the petitioner shall furnish his residential address and contact number to the learned Additional Mahila Court, Trichy. In the event of any change in his residential address, the petitioner shall report the same to the learned Additional Mahila Court, Trichy;

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(d) the petitioner shall appear and sign before the respondent police daily at 10.30a.m. for the period of two weeks and thereafter monthly once i.e., every 1st day of English Calender month at 10.30a.m. until further orders. (e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioner 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 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 6/8

Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

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

(S S Y J) 11.09.2025 gvn TO

1. The Additional Mahila Court, Trichy.

2. The Inspector of Police, Ramjee Nagar Police Station, Trichy.

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

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S.SRIMATHY,J gvn

ORDER

IN CRL OP(MD) No.15037 of 2025 Dated : 11/09/2025 8/8