ELAVARASAN v. The State of Tamil Nadu Rep by, The Inspector of Police
CRL OP(MD)/14639/2026 · 2026-07-17
K Rajasekar
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 53055 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 53055 (MAD) · dailylaw.ai ]
Judgment text
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CRL OP(MD). No.14639 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.07.2026 PRESENT THE HONOURABLE MR.JUSTICE K. RAJASEKAR CRL OP(MD)No.14639 of 2026 Elavarasan ... Petitioner /Accused No.2
Versus The State of Tamil Nadu, Rep by the Inspector of Police, CBCID-South, Virudhunagar. (Crime No.2 of 2024) ... Respondent/Complainant PRAYER :-Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioner on bail in the event of arrest in Crime No.2 of 2024 on the file of the respondent police, or on his appearance. For Petitioner : Mr.D.Srinivasaragavan
For Respondent : Mr.T.Lenin Kumar, Counsel for State of TN (Criminal Side)
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CRL OP(MD). No.14639 of 2026
ORDER : The Court made the following order :- The petitioner, apprehending arrest pursuant to the non-bailable warrant dated 25.02.2026 issued by the learned Judicial Magistrate No.II, Virudhunagar, in C.C. No.572 of 2025, arising out of Crime No.2 of 2024 on the file of the respondent police, registered for the offences punishable under Sections 34 and 420 of the Indian Penal Code and Sections 10, 24(1)(b) and 24(1)(g) of the Emigration Act, 1983, has filed the present petition seeking anticipatory bail.
2. The prosecution case is that the petitioner, by promising to secure employment in Cambodia, collected money from the defacto complainant and others and, thereafter, cheated them. Consequently, the respondent police registered the case, conducted the investigation and have already filed the final report.
3. The learned counsel for the petitioner submitted that the petitioner was not involved in arranging employment or making any false promise of securing jobs abroad and had not derived any benefit from the alleged transactions. It was further submitted that the petitioner is ready 2/5 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.14639 of 2026 to cooperate with the trial and, therefore, prayed for grant of anticipatory bail.
4. Per contra, the learned Counsel for State (Criminal Side) submitted that a non-bailable warrant as well as a Look Out Circular is pending against the petitioner. It was further submitted that the petitioner is still residing abroad, namely, in Cambodia, and has filed the present petition without returning to India. Therefore, according to the learned Counsel for State, the present petition is not maintainable.
5. Considering the above submissions, this Court finds that the petitioner is presently residing abroad and has approached this Court from outside India despite the pendency of a non-bailable warrant and a Look Out Circular against him. In such circumstances, this Court is not inclined to entertain the present petition. Accordingly, this Criminal Original Petition is dismissed.
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CRL OP(MD). No.14639 of 2026 To 1.The Inspector of Police, CBCID-South, Virudhunagar. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.14639 of 2026 K. RAJASEKAR
,J.
pal
ORDER IN CRL OP(MD) No.14639 of 2026 Date : 17.07.2026 5/5 https://www.mhc.tn.gov.in/judis