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Madras High CourtCRL OP(MD)/23490/2025granted

Ramachandran v. The State Of Tamilnadu Rep. By

2025-12-18Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.12.2025 PRESENT THE HONOURABLE MRS.JUSTICE S.SRIMATHY Crl.O.P.(MD)No.23490 of 2025 Ramachandran

...Petitioner/Sole Accused

Vs State of Tamil Nadu Rep. by its the Inspector of Police, Courtallam Police Station, Tenkasi District.

(Crime No.367 of 2024) .. Respondent/Complainant For Petitioner : M/s.R.J.Karthick For Respondent : Mr.S.S.Manoj Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.367 of 2024 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 406 and 420 of IPC corresponding Section of BNS 316(2) and 318(4), in Crime No.367 of 2024, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant had served in the Indian Army. Through his wife, the accused person was known to him and for getting transfer to his wife, he paid a sum of Rs.6,40,000/- to the accused and he failed to keep the promise. Hence, the case. 3.The learned Counsel for the petitioner would submit that the petitioner is having permanent address and law abiding citizen. He is ready to abide any condition imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that through his wife, the accused person was known to the defacto complainant and for getting transfer to his wife, he paid a sum of Rs.6,40,000/- to the accused and he failed to keep the promise. Hence, he opposed to grant anticipatory bail to the petitioner.

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5. Considering the facts and circumstances of the case and also considering the nature of offences, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Shencottah, Tenkasi District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate Court, Shencottah, Tenkasi District, 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 Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall make deposit of Rs.2,00,000/- (Rupees Two Lakhs only) to the credit of Crime No.367 of 2024, without prejudice to his defence before the trial Court; and on such deposit being made, the learned Judicial Magistrate Court, Shencottah, Tenkasi District, shall accept the sureties furnished by the petitioner; the learned Judicial Magistrate Court, Shencottah, Tenkasi District, shall deposit the said amount as 3/5

fixed deposit in a Nationalized Bank and the entitlement of the said amount will be decided at the time of disposal of the main case.

(c) the petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate Court, Shencottah, Tenkasi District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate Court, Shencottah, Tenkasi District. (d) The petitioner is directed to appear before the respondent police daily at 10.30 a.m., until further orders and co-operative with the investigation.

(f)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(g)the petitioner shall not abscond either during investigation or trial;

(h)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;

(i)if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

18.12.2025 RJR 4/5

S.SRIMATHY,J RJR To

1. The learned Judicial Magistrate Court, Shencottah, Tenkasi District,

2. The Inspector of Police, Courtallam Police Station, Tenkasi District.

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

Crl. O.P.(MD)No.23490 of 2025 18.12.2025 5/5