Arulselvan v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Arulselvan ... Petitioner/Accused 12 Vs The State of Tamil Nadu,, Rep. by the Inspector of Police, District Crime Branch, Tenkasi, Tenkasi District.

Crime No. 8 of 2024.

... Respondent/Complainant For Petitioner : Mr.C.Rathna Vel Pandian, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 8 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 alleged offence under Sections 408, 417, 418, 420, 423, 463 and 120(B) of IPC in Crime No.8 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that Accused No.1 was the Manager working in the company of the defacto complainant. The Director of the Company had executed a general power of attorney in respect of the properties belonging to the Company and the only right given to Accused No.1 was to present the documents for registration and the actual execution will be done only by the Directors of the Company. However, all the accused persons joined together and managed to sell the property to Accused Nos.14 and 15. There are totally 16 accused persons in this case and the petitioner has been arrayed as A12.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police.

4. Taking into consideration the facts and circumstances of the case and considering the fact that the main accused person / Accused No.1 was arrested in this case and was later, enlarged on bail and also taking note of the fact that this Court had already granted anticipatory bail to A7 and A8 in Crl.O.P(MD)No.20629 of 2024, by order dated 27.11.2024, this Court is inclined to grant anticipatory bail to the 2/5

petitioner. Accordingly, this criminal original petition is ordered and the petitioner is ordered to be released on anticipatory 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.I, Tirunelveli, 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 said Magistrate, on further condition that:

[a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] 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. [c] the petitioner shall report before the respondent police every Monday and Friday at 05.30 p.m. for a period of eight weeks and thereafter, as and when required for interrogation;

[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; 3/5

[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 thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

sd/- 13/12/2024 / TRUE COPY / /01/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TENKASI, TENKASI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER

IN CRL OP(MD) No.21996 of 2024 Date :13/12/2024 SA/SKN/SAR. /07.01.2025/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5