CRL OP(MD) NO. 19933 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23-09-2025 CORAM THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 19933 of 2024 Athithyan Petitioner(s) Vs The State of Tamilnadu Rep. by The Inspector of Police, District Crime Branch (DCB), Thanjavur District. Crime No. 1 of 2024 Respondent(s) For Petitioner(s): Mr.R.Gandhi, Senior Counsel for MR.Haroon Rasheed For Respondent(s): Mr.A.S.Abdul Kalaam Azad, Government Advocate (crl. Side) For Intervenor : Mr.S.Deenadhayalan, for Mr.B.Anumohan Prayer: For Anticipatory Bail in Crime No. 1 of 2024 on the file of the Respondent police. 1/7 https://www.mhc.tn.gov.in/judis ORDER The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406, 420 of IPC, in Crime No.1 of 2024 on the file of the respondent police, seeks anticipatory bail. 2. The allegation against the petitioner is that he received Rs. 3,56,02,283/- from the defacto complainant and Rs. 40,90,000/- from the defacto complainant's father during the period between 2021 and March 2022, under the pretense of securing jobs in Canada for the defacto complainant and his wife. However, the petitioner failed to fulfill his promise and did not return the amount. Hence, a case has been registered. 3. The learned counsel appearing for the petitioner submitted that a false case has been foisted against him and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner. 2/7 https://www.mhc.tn.gov.in/judis 4. The learned counsel appearing for the intervenor submitted that the allegation pertains to a promise to secure employment. However, the intervenor admitted that all the transactions were carried out through bank transfers as well as via email communications exchanged between the defacto complainant and the petitioner. Therefore, when all the evidence is available, custodial interrogation is not necessary. It was further submitted that the petitioner’s father has admitted he is willing to offer property as security for the business transactions. 5. The learned Government Advocate (Crl. side) appearing for the respondent police opposed to grant anticipatory bail to the petitioner. 6. Taking into consideration of the facts and circumstances of the case and also the fact that the petitioner's father is ready to deposit the original document of the property this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. 7. Accordingly, this petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 3/7 https://www.mhc.tn.gov.in/judis within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thanjavur, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Thanjavur, 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 furnish his residential address and mobile number to the learned Judicial Magistrate, Thanjavur. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Thanjavur, (c)the petitioner's father is directed to deposit the orignal document of the property which is situated in Coimbatore. (d) Since it has been deposited the petitioner as well as the petitioner's fathr shall not encumber the property 4/7 https://www.mhc.tn.gov.in/judis until trial is to be completed; (e) the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation; (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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. 23-09-2025 [2/2] KSA 5/7 https://www.mhc.tn.gov.in/judis To 1. The Judicial Magistrate Court, Thanjavur. 2. The Inspector of Police, District Crime Branch (DCB), Thanjavur District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis S.SRIMATHY, J, KSA Order made in CRL OP(MD) NO. 19933 of 2024 23-09-2025 7/7 https://www.mhc.tn.gov.in/judis