Santhakumar v. The State Of Tamilnadu Rep By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.11.2025 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY Santhakumar ... Petitioner/Accused No.1 Vs The State of Tamil Nadu, Represented by the Inspector of Police, Central Crime Branch, Madurai District.
(Crime No.53 of 2025) ... Respondent/Complainant For Petitioner : Mr.M.S.Senthil Kumar For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) For Intervenor : Mr.Abdul Muthalif PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.53 of 2025 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 316 (5) and 49 of BNS, in Crime No.53 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the land belongs to the defacto complainant. Further, the petitioner along with other accused persons have collected a lumpsum amount as rent from several tenants from the defacto complainant's complex building by using his position as power agent. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any stringent conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner.
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4. The learned Government Advocate (Criminal Side) submitted that the investigation is still pending. However, he opposed to grant anticipatory bail to the petitioner.
5. The learned Intervenor submitted that the petitioner along with other accused persons had cheated the defacto complainant. Hence, he strongly opposed to grant anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case and also the fact that the petitioner is ready and willing to deposit a some amount to the credit of crime number, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
7. Accordingly, the petitioner is ordered to be released on 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 Judicial Magistrate No.1, Madurai District, 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 3/7
of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.1, Madurai District, 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;
(b) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.1, Madurai District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.1, Madurai District;
(c). the petitioner shall deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) to the credit of Crime No.53 of 2025 before the Judicial Magistrate Court No.1, Madurai and on such deposits being made, the learned Judicial Magistrate No.1, Madurai, shall accept the sureties furnished by the petitioner.
(d) the petitioner shall report before the 4/7
respondent Police daily at 10.30.a.m., for a period of one week and thereafter, as and when required for interrogation;
(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 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.
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TO
1. The Judicial Magistrate No.1, Madurai.
2. The Inspector of Police, Central Crime Branch, Madurai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J.
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