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Madras High CourtCRL OP(MD)/23350/2025granted

Nagarajan v. State Of Tamilnadu Rep By Inspector Of Police, Othakadai

2025-12-17Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/12/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Nagarajan

2. Kasilakshmi @ Rajalakshmi ... Petitioners Vs State of Tamilnadu Rep. by, The Inspector of Police, Othakadai Police Station, Madurai District.

(Crime No.174 of 2024).

... Respondent/Complainant For Petitioner : M/s.S.Santhana Karuppu, Advocate.

For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-24AB. For Anticipatory Bail in Crime No.174 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- 1/7

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections Section 294(b),379,406,420 and 506(1) of IPC (296(b),303,316,318 and 351 of BNS, in Crime No.407 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with their son Pandiyarajan and daughter-in-law Devi made false promise regarding bank loan settlement and cheated the de-facto complainant. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners. 2/7

4. The learned Government Advocate (Criminal Side) submitted that the injured person has been discharged from the hospital and there is no previous case pending against the petitioners and the investigation is almost completed. However, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, subject to 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 each of 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, Melur, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that:

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[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 are is directed to deposit a sum of Rs.20,000/-(Rupees Twenty thousand only) to the credit of Crime No.

174 of 2024 before the concerned Court. On such deposit, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner. After receipt of the entire amount, the learned Judicial Magistrate shall deposit the said amount in an interest bearing Fixed Deposit in any Nationalized Bank until the final order/judgment is passed in the case in the said crime number. The learned Judicial Magistrate or trial Court shall pass orders regarding entitlement of the said amount in its final order/judgment;

[c] the 1st 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; the 2nd 4/7

petitioner shall report before the respondent police as and when required for interrogation;

[d]the petitioner shall not tamper with the 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 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];

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

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17.12.2025 PJL TO 1.

The Judicial Magistrate, Melur.

2.

Do-Through The Chief Judicial Magistrate, Madurai District.

3.

The Inspector of Police, Othakadai Police Station, Madurai District.

4.

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

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S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.23350 of 2025 Date : 17/12/2025 7/7