Athikesavapandiyan v. State Of Tamilnadu Rep By Inspector Of Police, Peraiyur
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.20607 of 2025 S.Athikesavapandiyan ... Petitioner Vs.
The State of Tamil Nadu represented by, The Inspector of Police, Peraiyur Police Station, Madurai District.
(Crime No.146 of 2025) ... Respondent For Petitioner : Mr.S.Sivaprakash 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.146 of 2025 on the file of the respondent police.
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ORDER: The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 318(4), 296(b) and 351(2) of BNS in Crime No.146 of 2025, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the de-facto complaint has been working at Rajeshwari Pawn Shop and Finance Company on Thirumangalam Usilampatti Road for the past 1 year. On 16.10.2025, Murugeswari/Al called him and asked him if he could exchange her jewellery with a 40 gram chain at Peraiyur Gopuram Finance and that it was up for auction. He accepted the deal. Accused No. 1 asked him to bring the money of Rs. 2,80,000/- to Peraiyur to return the jewellery to Gopuram Finance and put it in his Owner's finance. The petitioner went to the Gopuram Finance with Rs.2,10,000/-. Accused No.1 was standing at the entrance of Gopuram Finance in Peraiyur with Saravanan/A3. They told him that Murugan/A2 had paid the money as he was late. Accused Nos. 2 & 3 took the money from the petitioner. Accused No.1 told him that around 3.30 p.m. the jewellery would be given from Gopuram Finance and asked him to wait at the Satya Fashion textile shop near Gopuram Finance. When he was sitting in the shop, Mariammal who was in the textile shop gave 2/7
him 4 bangles and asked him to keep those bangles in his finance and pay for them. He took those four bangles to Thirumangalam to verify and found out as duplicate. When the petitioner called Accused No.1 she told that Mariammal had bought the bangles from someone else and that they had cheated her and asked him to bring it back. He kept two bangles in the finance for his security and took only two bangles and asked him to bring the money (Rs.60,000/-) which was due from the money paid by Accused No.2 at Gopuram Finance. When he brought Rs.10,000/- Accused No.3 called him and asked him for the rest of the money. The petitioner told that he is coming from Thirumangalam. The Accused Nos.2 & 3 stopped him near T.Kallupatti Government Hr. Sec School and took the money of Rs.
10,000/- and asked him to pay the balance after pledging the Accused No.1's Jewellery. When He told them that Mariammal gave him fake jewels, they took those two Jewels and broke and threw it in the nearby canal and they asked him to go to Peraivur. When he came to Peraiyur after 2.30 pm and asked Accused No.1 and Mariammal why they had given him fake jewellery to keep it in the finance, Mariammal told him that she got it from someone. Accused No.1 told him that she will comeback after returning the jewel from Gopuram Finance but she did not come back. The petitioner went to the Gopuram Finance to verify and they informed that there is no gold loan in the name of Accused No.
Finance. Then Mariammal told that Accused No.1 had asked her to do like that. When the petitioner asked about this to the Accused Nos.1, 2 & 3, they threatened him. Hence, the apprehension of arrest. Hence, a case has been registered as against the petitioner.
3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioner are serious in nature. Further, the Accused Nos.1, 3 and 4 were granted bail and the 2nd accused was granted anticipatory bail.
5.The specific overt act against petitioner is that he was among the other accused and there is no other specific overt act against the petitioner. However, it is submitted that based on the compromise between the defecto complainant and the petitioner partial amount is settled and the balance amount is payable. 4/7
6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.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, Peraiyur, within a period of fifteen days from the date on which the order copy made ready 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 as and when required.
[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. [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 5/7
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, Periyur.
2. The Inspector of Police, Peraiyur Police Station, Madurai 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.20607 of 2025 Date : 19.11.2025 7/7