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2026 DAILYLAW 44352 (MAD)

Partheeban Thondemon v. The state rep.by

CRL OP/16661/2026 · 2026-07-01

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 16661 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 16661 of 2026 1. Partheeban Thondemon 2. Sri Lathaa ..Petitioner(s) Vs The State rep by, The Inspector of Police J3 Guindy Police Station, Adyar, Chennai. (Crime No.427 of 2024) ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 482 of BNSS, pleased to enlarge the petitioners on bail in the event of arrest in connection with Crime No.427 of 2024 on the file of the respondent police. For Petitioner(s): Mr.Mathan Raj For Respondent(s): Mr.N.Palanivel Government Advocate (Criminal side) O R D E R The petitioners, who apprehend arrest for the alleged offences under Sections 406, 420 and 506(1) of I.P.C. in Crime No.427 of 2024 on the file of the respondent police, seek anticipatory bail. 2. The case of the prosecution is that the petitioners under the guise of parting with machinery, have received a sum of Rs.8,25,000/- from the defacto complainant, however, they did not give any machinery and thereby, cheated the defacto complainant. Hence, the case. https://www.mhc.tn.gov.in/judis CRL OP No. 16661 of 2026 __________ Page2 of 4 3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they had been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court and are ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioners. 4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that an individual cannot buy such machinery and only scientists can buy such machinery and strongly opposed for the grant of anticipatory bail to the petitioners. 5. Considering the totality of the circumstances and the fact that the occurrence took place on 02.02.2023 and that FIR came to be registered on 12.12.2024, this Court is of the firm view that custodial interrogation of the petitioners is not necessary at this length of time. Hence, 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 arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned IX Metropolitan Magistrate, Saidapet, Chennai, on condition that the https://www.mhc.tn.gov.in/judis CRL OP No. 16661 of 2026 __________ Page3 of 4 petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioners fails to surrender before the concerned learned Magistrate within a period of fifteen (15) 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 identify proofs to ensure their identity; (c) The petitioners 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 aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 01-07-2026 ssb https://www.mhc.tn.gov.in/judis CRL OP No. 16661 of 2026 __________ Page4 of 4 C.KUMARAPPAN, J. ssb To 1.The IX Metropolitan Magistrate, Saidapet, Chennai. 2.The Inspector of Police J3 Guindy Police Station, Adyar, Chennai. 3.The Public Prosecutor High Court of Madras. CRL OP No. 16661 of 2026 01.07.2026 https://www.mhc.tn.gov.in/judis