Crl.O.P.No.34602 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.12.2025 CORAM THE HONOURABLE MR. JUSTICE K.RAJASEKAR Crl.O.P.No.34602 of 2025 D.Sivasalamuthu ... Petitioner Vs. State By, Represented by the Inspector of Police, Kangeyam Police Station, Tiruppur – 638 701. Crime No.840 of 2025. ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.840 of 2025 on the file of the respondent police. For Petitioner : Mr.Naveen Kumar Murthi for Mr.Aravind Karthikeyan V For Respondent : M/s.J.R.Archana Government Advocate (Crl. Side) https://www.mhc.tn.gov.in/judis Crl.O.P.No.34602 of 2025 O R D E R The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Section 420 of IPC in Crime No.840 of 2025, on the file of the respondent Police, seek anticipatory bail. 2. The allegation against the petitioner is that the petitioner is ranked as A1 in this case and he is running pawn broker business and the defacto complainant has pledged the gold jewels worth about Rs.9 lakhs to the petitioner herein and after repayment, petitioner has reported that the gold jewels were handed over to A2 in this case and thereby defacto complainant has been cheated. 3. The learned counsel appearing for the petitioner submitted that, regularly A2 used to pledge jewels in the defacto complainant’s shop and it had happed for 22 occasions and due to some misunderstanding between A2 and defacto complainant, false complaint has been lodged by the defacto complainant as if the petitioner failed to return the gold jewels. He had also referred the ledger entries to support his contention. Hence, he prayed for grant of anticipatory bail to the petitioner. https://www.mhc.tn.gov.in/judis Crl.O.P.No.34602 of 2025 4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the investigation is pending 5. Considering the facts and circumstances of the case and the nature of allegations against the petitioner and the fact that, the ledger entries reveal the practice that, Accused No.2 used the pledge gold jewels to the defacto complainant who also used to redeem the jewels by producing the receipt issued at the time of pledging on behalf of the defacto complainant, 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 is appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Kangeyam on condition that each of the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that: https://www.mhc.tn.gov.in/judis Crl.O.P.No.34602 of 2025 [a] if the petitioner fails to surrender before the concerned Magistrate within a period of fifteen days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; [b] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [c] 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 for interrogation; [d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. https://www.mhc.tn.gov.in/judis Crl.O.P.No.34602 of 2025 17.12.2025 sma To 1.Judicial Magistrate, Kangeyam. 2.Inspector of Police, Kangeyam Police Station, Tiruppur – 638 701. 3.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis Crl.O.P.No.34602 of 2025 K.RAJASEKAR, J. sma Crl.O.P.No.34602 of 2025 https://www.mhc.tn.gov.in/judis Crl.O.P.No.34602 of 2025 17.12.2025 https://www.mhc.tn.gov.in/judis