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2016 DAILYLAW 4312 (MAD)

Vaishnav v. The State of Tamil Nadu

CRL OP(MD)/2016/2025 · 2026-03-24

P Dhanabal

Transfer Petitionbody2016

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.2016 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/03/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No.2016 of 2025 Vaishnav, S/o Vasudevan, ... Petitioner/Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, District Crime Branch, Trichy District. Crime No. 5/2024. ... Respondent/Complainant For Petitioner : Mr. Tamizharasan.C.N, For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) For Intervenor : Mr. Vakeeswaran PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.5 of 2024 on the file of the respondent Police. 1/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2016 of 2025 ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 420 and 406 of IPC, in Crime No.5 of 2024 on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that the defacto complainant and other persons, on various occasions, paid a total sum of Rs. 33,05,000/- to the first accused for securing employment abroad. However, as promised, no jobs were obtained for the defacto complainant or the others. When the defacto complainant demanded repayment, only a sum of Rs. 2,65,000/- was returned, leaving a balance of Rs. 30,40,000/- yet to be repaid. Thereafter, the defacto complainant lodged a complaint against the petitioner. 3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he was falsely implicated in this case and he is no way connected in the above said incident. He has not 2/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2016 of 2025 committed any offence as alleged by the prosecution. He would submitted that the petitioner had paid the part of the amount to the defacto complainant and only Rs.5,00,000/- is due and also submitted that the petitioner is ready to pay the balance amount. Hence, he prays to grant Anticipatory Bail to the petitioner. 4. The learned Government Advocate (Crl. Side) would submit that the defacto complainant and other persons, on various occasions, paid a total sum of Rs. 33,05,000/- to the first accused for securing employment abroad. However, as promised, no jobs were obtained for the defacto complainant or the others. He would further submit that the petitioner has no previous case and the investigation is pending. Hence, he opposes to grant anticipatory bail to the petitioner. 5. The learned counsel for the intervenor submitted that the defacto complainant and other persons, on various occasions, paid a total sum of Rs. 33,05,000/- to the first accused for securing employment abroad. However, as promised, no jobs were obtained for the defacto complainant or the others. When the defacto complainant demanded 3/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2016 of 2025 repayment, only a sum of Rs. 2,65,000/- was returned and the balance amount has not been returned. Hence, he vehemently opposed to grant anticipatory bail to the petitioner. 6. Heard both sides and perused the materials available on record. 7. Considering the rival submissions on either side and the nature of offences charged against the petitioner and a substantial portion of the amount has already been paid to the defacto complainant. Even according to the defacto complainant, only a sum of Rs. 5,00,000/- remains due and the petitioner is ready and willing to pay the said remaining amount of Rs. 5,00,000/- and also the petitioner has no previous case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to 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-I, Trichy, and on further conditions that: 4/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2016 of 2025 [b] The petitioner is directed to deposit a sum of Rs. 5,00,000/- to the credit of Crime No. 5 of 2024 before the learned Judicial Magistrate-I, Trichy, within one month from the date of execution of sureties. After receipt of entire amount, the learned Judicial Magistrate-I, Trichy, shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.04 of 2024. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment. [c] the petitioner shall report before the respondent police, on every Saturday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the interrogation. [d] the petitioner shall not commit any offences of similar nature. 5/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2016 of 2025 [e] the petitioner shall not abscond either during investigation or trial. [f] the petitioner shall not tamper with evidence or witness either during investigation or trial. [g] On breach of any of the aforesaid conditions, the learned Judicial 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. (P D B J) 24.03.2026 tta 6/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2016 of 2025 TO 1. The Judicial Magistrate-I, Trichy. 2.The Inspector of Police, District Crime Branch, Trichy District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 7/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2016 of 2025 P. DHANABAL,J tta ORDER IN CRL OP(MD) No.2016 of 2025 Date : 24/03/2026 8/8 https://www.mhc.tn.gov.in/judis