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Madras High CourtCRL OP(MD)/23778/2025granted

Bharathi v. The State Of Tamilnadu Rep. By

2026-02-16Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16-02-2026

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 23778 of 2025 Bharathi Petitioner(s) Vs The State of Tamilnadu Rep. by The Inspector of Police District Crime Branch Dindigul District (Crime No. 41 of 2025) Respondent(s) For Petitioner(s): Mr.C.Susi Kumar For Respondent(s): Mr.S.S.Manoj, Government Advocate (Crl.side) Prayer:

C-38AB. For Anticipatory Bail in Crime No. 41 of 2025 on the file of the respondent police.

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 61(2), 318(4), 319(2), 335, 335(A),(iv), 336(2) and 336(3) of BNS, 2023, in Crime No.41 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the Accused Nos.2 to 4 received Rs. 90,23,950/- from the defacto complainant for getting government job. 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. Further, the petitioner has sold his property and repaid Rs.10 lakhs/- to the defacto complainant.

4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioner are serious in nature. 5.Considering the fact that the petitioner has only introduced the defacto complainant to the Accused Nos.2 to 4 and the real offenders are Accused Nos.2 to 4, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.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 No.II, Dindigul, within a period of fifteen days from the date on which the order 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 daily at 10.30 a.m., for a period of two weeks and thereafter, 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 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.

16-02-2026 Tmg To 1.The Inspector of Police District Crime Branch Dindigul District

2. Judicial Magistrate No.II, Dindigul

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