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Madras High CourtCRL OP(MD)/20601/2025granted

Manojkumar v. State Of Tamilnadu Rep By Inspector Of Police, Rajapalayam North

2025-11-19Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.11.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.20601 of 2025

1. Manojkumar

2. PVM.Prabhakar ... Petitioners Vs.

State of Tamil Nadu through, The Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.

(Crime No.246 of 2022) ... Respondent For Petitioners : Dr.R.Alagumani 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.246 of 2022 on the file of the respondent police.

ORDER: The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406, 418, 420 and 465 of the Indian 1/6

Penal Code, 1860, in Crime No.246 of 2022, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant is engaged in the business of buying and selling used cars. One Thangaraj / Accused No.2 contacted him over phone and offered to sell a second-hand Innova Crysta car, stating that the vehicle had been seized due to non-payment of finance dues and was available for sale at Karur. Believing his words, the defacto complainant agreed to purchase the car. Subsequently, one Siraj Jamal/ Accused No.3 known to Accused No.2, contacted the defacto complainant and thereafter the defacto complainant met the said Siraj Jamal/ Accused No.3 and one Manikandan Accused No.

1, who claimed to be the original owner of the vehicle and stated that the entire loan dues had been settled and handed over the original RC book to the complainant and assured that the NOC and the Delivery Order Certificate would be given within 15 days. Believing their assurance, the defacto complainant agreed to purchase the vehicle for Rs. 14,40,000/-. Out of this, Rs.5,00,000/- was paid in cash to Manikandan/ Accused No.1 at the spot, and Rs.8,00,000/- was later transferred online from the defacto complainant's wife Sumathi's IDBI Bank account to Manikandan/ Accused No.2 Indian Bank account on 21.03.2022 Thus, a total sum of Rs.

13,00,000/-was paid and the balance of Rs. 1,40,000/- was agreed to be given after handing over the NOC and other original documents. A written sale agreement was executed and signed by the parties and witnesses. However, after taking delivery of the car and the RC book, the defacto complainant did not receive the original NOC or documents as promised. On further inquiry, the defacto complainant found that the Axis Bank loan for the said car had not been cleared and remained outstanding. Therefore, the accused persons cheated the defacto complainant to the amount of Rs.13,00,000/- and caused wrongful loss to him. Hence, the apprehension of arrest. Hence, a case has been registered as against the petitioners.

3.The learned counsel appearing for the petitioners submitted that the petitioners themselves are victims since they have purchased the car from the defacto complainant and the same car was sold. Further, Rs.3 Lakhs/- was recovered from the petitioners by threat. He seeks this Court to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioners are serious in nature.

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5.Considering the facts and circumstances of the case, 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, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the Learned Judicial Magistrate, Rajapalayam, Virudhunagar 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 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 Aadhaar card or bank pass book to ensure their identity. [b]the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of one week and thereafter, as and when required. [c]the petitioners shall not tamper with the evidence or witness either during investigation or trial.

[d]the petitioners shall not abscond either during investigation or trial. [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 4/6

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].

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

19.11.2025 TMG TO

1. Judicial Magistrate, Rajapalayam, Virudhunagar District.

2.The Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.

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

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S.SRIMATHY,J TMG

ORDER

IN CRL OP(MD) No.20601 of 2025 Date : 19.11.2025 6/6