CRL OP(MD). No.9916 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.08.2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI CRL OP(MD). No.9916 of 2025 1.Ragupandi 2.Seela ... Petitioners/Accused No.1 &2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Thenkarai Police Station, Theni District. (Crime No.251 of 2025) ... Respondent/Complainant For Petitioners : Mr.S.Muniyandi Advocate. For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :-For Anticipatory Bail in Cr.No.251 of 2025 on the file of the Respondent Police. 1/5 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.9916 of 2025 ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 406, 420, 506(1) of IPC, in Crime No.251 of 2025 on the file of the respondent police, seek anticipatory bail. 2. The case of the prosecution is that the defacto complainant and the second petitioner are friends. Further, the defacto complainant instructed the second petitioner to pledge the jewels worth about 3 sovereigns gold jewels. On such request, she pledged her jewels with the help of the first petitioner and handed over a sum of Rs.40,000/- to the defacto complainant. Subsequently, the accused persons have re-pledged the jewels before the Muthoot Finance for a sum of Rs.90,000/- without getting any consent. Hence, the defacto complainant questioned about the jewels and they give evasive reply and abused the defacto complainant in filthy language and threatened her with dire consequences. 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. 4. The learned Government Advocate (Criminal Side) submitted that there is 2/5 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.9916 of 2025 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 and also the fact that occurrence was taken place in the year 2023 and the case was registered on 26.05.2025 after lapse of 2 years, the complaint was lodged by the defacto complainant and the investigation has been almost completed and there is no previous case pending against the petitioners, 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 their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Theni, on condition that each of the petitioner shall execute a separate 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Theni, and on further conditions that: (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 Aadhar card or Bank pass Book to 3/5 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.9916 of 2025 ensure their identity; (b) the petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate, Theni. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Theni; (c) the petitioners shall report before the respondent police daily at 10.30 a.m, until further orders; (d) the petitioners shall not tamper with evidence or witness either during investigation or trial; (e) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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; 4/5 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.9916 of 2025 (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. sd/- 07/08/2025 / TRUE COPY / / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. msrm To 1.The Judicial Magistrate, Theni. 2.The Inspector of Police, Thenkarai Police Station, Theni District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.9916 of 2025 Date :07/08/2025 SBN/28.08.2025 5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5 https://www.mhc.tn.gov.in/judis