Prabharan @ Prabakaran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 26/12/2025

CORAM

THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN Prabharan @ Prabakaran ... Petitioner Vs The State of Tamil Nadu, Rep By The Inspector of Police, Usilampatti Town Police Station, Madurai District.

Cr.No.459 of 2025.

... Respondent PRAYER :- For Anticipatory Bail in Cr.No.459 of 2025 on the file of the respondent police, For Petitioner : Mr. Suresh P., Advocate.

For Respondent : Mr.M.Karunanithi Government Advocate (Crl.Side) ORDER : The Court made the following order :- The petitioner / Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 1/6

296(b), 351(3) of BNS, 2023 (Corresponding offences 294(b), 506(2) of IPC), Section 4 of TNPHW Act, 2002 and Section 4 of Tamil Nadu Prohibitoin of Charging Exorbitant Interest Act, 2003, in Crime No.167 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant and the accused are neighbours. The accused is a teacher by profession. The accused had advanced money to the defacto complainant's husband on exorbitant interest at the rate of 5% per month. In the course of such money transaction, the accused obtained two signed TMB Bank cheques, two unsigned promissory notes and two unsigned City Union Bank cheques from the complainant's husband as security. Despite payment of the amount in various dates, the accused has been continuing to harass the complainant and her husband by demanding an additional sum of Rs. 10,00,000/ as interest. On 14.11.2025, the accused said to have attacked the defacto complainant and her husband, threatened them with dire consequences. Hence the complaint.

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3. The learned Counsel for the petitioner would submit that the petitioner was not involved in any of the offences as alleged by the prosecution. The petitioner is innocent and he has been falsely implicated in this case. He further submits that the petitioner is ready to abide by any conditions to be imposed by this Court. He therefore prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) would submit that due to money dispute, the present occurrence has happened. No one is injured in this incident. There is no previous case against the petitioner. However, he prays to dismiss this Criminal Original Petition.

5. Considering the nature of the allegations and considering the fact that the alleged occurrence said to have been held based on documents, this Court is inclined to grant an order of anticipatory bail to the petitioner with certain conditions:

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a 3/6

period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate No.I, Usilampatti, on condition that the petitioners shall execute separate 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 report before the respondent Police daily at 10.30 a.m.until further orders.

[c] the petitioner shall not tamper with 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 released on bail by the learned Magistrate/Trial Court 4/6

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 abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

26.12.2025 pnn To

1. The Judicial Magistrate No.I, Usilampatti.

2. The Inspector of Police, Usilampatti Town Police Station, Madurai District.

Cr.No.459 of 2025.

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

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M.JOTHIRAMAN, J pnn

ORDER

IN CRL OP(MD) No.23946 of 2025 Date : 26/12/2025 6/6