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Madras High CourtCRL OP(MD)/18236/2025granted

Sujin v. The State Of Tamil Nadu

2025-11-18Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/11/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Sujin, S/o.Thangam ... Petitioner/A1 Vs The State of Tamil Nadu Rep. by the Inspector of Police, Thuckalay Police Station, Kanyakumari District.

(Crime No.580 of 2025) ... Respondent/Complainant For Petitioner : Mr.P.T.Ramesh Raja, Advocate For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.580 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 316(4), 318(4), 336(3), 336(4), 296(b), and 351(2) of BNS, 2023, in Crime No.580 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner, along with other accused, misappropriated funds from the Shri Nithi Capitals Private Limited to the tune of Rs.78,82,000/-. The defacto complainant is a branch manager of the above said Limited. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offences as alleged by the prosecution, and he has been falsely implicated in this case. He further submitted that the petitioner is ready and willing to abide by any conditions which 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 petitioner has been arrayed as A1 in this case, and that he misappropriated funds amounting to Rs.78,82,000/-, which had been disbursed to several self-help groups by the de-facto complainant's company, by receiving monthly instalments from the concerned parties and issuing fake receipts to them. He further submitted that, pursuant to the direction of this Court dated 24.10.2025, the petitioner appeared before the respondent police and cooperated with the investigation. However, he opposed the grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the petitioner has complied with the conditions imposed by this Court in its order dated 24.10.2025, and that there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to 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 3/7

only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Padmanabhapuram, 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 their Aadhaar card or bank pass book to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks 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;

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[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]; and [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

7. Accordingly, this Criminal Original Petition is allowed. (S S Y J) 18.11.2025 mkn 5/7

To 1.The Judicial Magistrate Court No.1, Padmanabhapuram.

2.The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

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

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S.SRIMATHY, J.

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ORDER

IN 18.11.2025 7/7