Amarnath v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.09.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.15946 of 2025 Amarnath ... Petitioner Vs.
The State of Tamil Nadu, Represented by the Inspector of Police, District Crime Branch, Madurai.
(Crime No.29 of 2025) ... Respondent For Petitioner : Mr.P.Madhan Alexandar For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.29 of 2025 on the file of the respondent police.
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 406, 420, 465, 467, 468, 471 of Indian Penal Code in Crime No.29 of 2025, on the file of the respondent police, 1/6
seeks anticipatory bail.
2.The case of the prosecution is that the defacto complainant's father and mother died in the year of 2021 and they had made a Fixed Deposit of Rs. 29 lakhs/- with the Indian Overseas Bank, Kadachanenthal Branch. After their demise, the defacto complainant approached the Indian Overseas Bank, Kadachanenthal Branch and requested to transfer the Fixed Deposit Amount of Rs. 29 laks/- in her account as nominee and the defacto complainant is the only legal heir. The defacto complainant met with the petitioner/Accused No. 2 who is the Manager of Indian Overseas Bank to transfer the Fixed Deposit in her account and the petitioner told the defacto complainant to contact the Accused No.1/ Duraipandi who is the Clerk. The defacto complainant withdrew the entire amount of Fixed Deposit and handed over it to the Accused No.
1 Duraipandi and he deposited it as 1) Rs.10 lakhs/- as Fixed Deposit with monthly interest 2) Rs. 19 lakhs /- as Fixed Deposit with quarterly interest. But actually the Accused No. 1 deposited Rs. 10 lakhs/- alone with the Bank and swindled the balance amount Rs. 19 lakhs/-. Hence, a case has been registered as against the petitioner.
3.The learned Counsel appearing for the petitioner submitted that the 2/6
petitioner has been falsely implicated in this case and he has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioner are serious in nature.
5.Since the petitioner is working as Branch Manager in the Indian Overseas Bank, he was not having any specific overt act in the alleged offence. Therefore, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 Judicial Magistrate No. I, Madurai District, within a period of fifteen days from the date of receipt of a copy of this order 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 3/6
their Aadhaar card or bank pass book to ensure their identity. [b]the petitioner shall report before the respondent police daily at 05.30 p.m., for a period of one week and thereafter, as and when required for interrogation.
[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.
[d]the petitioner shall not abscond either during investigation or trial. [e]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 is 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].
[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
22.09.2025 TMG 4/6
TO 1.Judicial Magistrate No. I, Madurai District.
2.The Inspector of Police, District Crime Branch, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.
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S.SRIMATHY,J TMG
ORDER
IN CRL OP(MD) No.15946 of 2025 Date : 22.09.2025 6/6