Jai Abishiek v. State Of Tamilnadu Rep By Inspector Of Police, Panagudi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/11/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Jai Abishiek ... Petitioner/A-2 Vs State of Tamilnadu Rep by Inspector of Police, Panagudi Police Station, Tirunelveli District.
Crime No. 971 of 2025. ... Respondent/Complainant For Petitioner : Mr.Ananth C Rajesh, 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. 971 of 2025 on the file of the respondent Police.
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ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 316(2) of BNS, in Crime No.971 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant had purchased the vehicle from the then Manger of Shriram Finance Limited named one Jespar in the presence of the petitioner for Rs.6,20,000/-. Further, amount remitted by the then Manager Rs.2,00,000/- only on 19.06.2025 and the balance amount was not remitted. Therefore, the payment was not fulfilled, Shriram Finance Ltd Seized the vehicle. The petitioner along with other accused persons had cheated the defacto complainant. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this 2/7
Court. Hence, he seeks anticipatory bail to the petitioner. ,
4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there is no previous case pending against the petitioner and the investigation is still pending. However, he vehemently opposed for grant of anticipatory bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also the fact that there is no previous case pending against the petitioner and the petitioner is willing to deposit some amount, hence anticipatory bail is granted with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Valliyoor, 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 the satisfaction of 3/7
the learned Judicial Magistrate, Valliyoor, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 is directed to deposit a sum of Rs. 50,000/- (Rupees Fifty Thousand only) to the credit of Crime No.971 of 2025 before the learned Judicial Magistrate, Valliyoor. On such deposit, the learned Judicial Magistrate , Valliyoor, shall accept the sureties furnished by the petitioner. After receipt of entire amount, the learned Judicial Magistrate, Valliyoor, shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.971 of 2025. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.
(c) the petitioner shall report before the respondent police as and when required for interrogation. 4/7
(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. (S S Y J) 06.11.2025 msrm 5/7
To
1. The learned Judicial Magistrate, Valliyoor.
2.The Inspector of Police, Panagudi Police Station, Tirunelveli District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J msrm
ORDER
IN CRL OP(MD) No.19545 of 2025 Date : 06/11/2025 7/7