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Madras High CourtCRL OP(MD)/18653/2025granted

Hari Krishnan v. The State Of Tamilnadu, Rep, By,

2025-10-27Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/10/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Hari Krishnan ... Petitioner Vs The State of Tamil Nadu Rep. by the Inspector of Police, District Crime Branch, (Cyber Crime Police), Tenkasi District.

(Crime No.33 of 2025) ... Respondent/Complainant For Petitioner : Mr.Sathyachidambaram 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.33 of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :- 1/6

The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 318(4) of BNS, 2023 r/w. Section 66 D of Information Technology (Amendment) Act, in Crime No.33 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and other accused persons received a sum of Rs.2,60,000/- from the defacto complainant on the promise to sell a second hand Bullet motorcycle and deceived him. 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.

4. The learned Government Advocate (Criminal Side) submitted 2/6

that the specific overtact against this petitioner is he received a sum of Rs.1,60,000/- from the defacto complainant and the petitioner has no previous cases. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the petitioner has no previous cases, 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 only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Tenkasi, Tenkasi 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 their Aadhaar 3/6

card or bank pass book to ensure their identity; [b] on condition that the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees one lakh only) to the credit of the crime number, on such deposit anticipatory bail is granted to the petitioner; the petitioner is directed to deposit Rs.50,000/- immediately, ie., at the time of producing sureties, on such deposit the learned Magistrate shall accept the sureties; and shall deposit, another Rs.50,000/- on or before 10.02.2026; and thereafter shall deposit Rs.60,000/- on or before 10.05.2026; if any default in payment of installments, the anticipatory bail granted will be automatically dismissed;

[c] the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; 4/6

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

27.10.2025 PJL To 1.The Judicial Magistrate, Tenkasi, Tenkasi District. 2.The Inspector of Police, District Crime Branch, (Cyber Crime Police), Tenkasi District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6

S.SRIMATHY,J PJL

ORDER

IN 27.10.2025 6/6