Kesavan v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31.10.2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY 1.Kesavan wrongly mentioned as Senthil 2.Sekarbabu .. Petitioners/Accused Nos.1 & 2 Vs The State of Tamil Nadu, Rep., by The Inspector of Police, Periyakulam Police Station, Periyakulam, Theni District.

(Crime No.265 of 2025) .. Respondent/Complainant For Petitioners : Mr.C.Jeganathan 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.265 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 316(2) and 318(4) of BNS, 2023, in Crime No. 265 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused persons cheated the defacto complainant to the tune of Rs.35,00,000/- under the pretext of doubling the money. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they are no way connected with the alleged occurrence as stated by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

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4. The learned Government Advocate (Crl. side) submitted that the investigation is almost completed and there are no previous cases pending against the petitioner and the petitioners had complied the conditions imposed in the interim anticipatory bail. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and since the petitioners had complied with the conditions imposed in the interim anticipatory bail regularly, the interim anticipatory bail already granted is made absolute and this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of thirty days from the date on which the order copy made ready, before the learned Judicial Magistrate, Periyakulam, Theni 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 of the respondent police or the police officer who intends to arrest or to 3/6

the satisfaction of the learned Judicial Magistrate, Periyakulam, Theni District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) the petitioners 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 petitioners are directed to deposit a sum of Rs.5,00,000/- (Rupees Five lakhs only) to the credit of Crime No.265 of 2025 on the file of the respondent police within a period of 30 days from the date on which the order copy is made ready. On such deposit, the learned Magistrate shall accept the sureties;

[c] the petitioners shall appear before the respondent police daily at 10.30 a.m, for a period of two weeks and thereafter as and when required;

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(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;

(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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. 31.10.2025 PJL To

1. The Judicial Magistrate, Periyakulam, Theni District.

2.The Inspector of Police, Periyakulam Police Station, Periyakulam, Theni District.

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

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S.SRIMATHY, J.

PJL

ORDER

IN CRL OP(MD) No.17857 of 2025 Date : 31.10.2025 6/6