CRL OP(MD). No.14646 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.14646 of 2026 1.Tamizhazhagan 2.Manmathan ... Petitioners / A1 and A2 Versus The State of Tamil Nadu rep by The Inspector of Police, Theni Police Station, Theni District. (Crime No.429 of 2019) ... Respondent/Complainant PRAYER :-Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioners on bail in the event of arrest in Crime No.429 of 2019 on the file of the respondent police, or on their appearance. For Petitioners : Mr.S.Poornachandran For Respondent : Mr.T.Lenin Kumar, Counsel for State of TN (Criminal Side) 1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14646 of 2026 ORDER : The Court made the following order :- The petitioners, who apprehend arrest in connection with Crime No.429 of 2019 on the file of the respondent police, registered for the offences punishable under Sections 409 and 420 of IPC, seek the relief of anticipatory bail. 2. The allegation against the petitioners is that, while they were working as the Manager and staff of a finance company, the defacto complainant had mortgaged his title deeds with the said company and obtained a loan of Rs.2,50,000/-. It is alleged that the defacto complainant repaid the entire loan amount in the year 2017. However, the petitioners neither issued a proper receipt acknowledging the repayment nor returned the original title deeds. It is further alleged that the petitioners obtained the signature of the defacto complainant on a blank sheet of paper under the guise of issuing a receipt. Since the original documents were not returned, the defacto complainant lodged a complaint in the year 2019, on the basis of which the present case came to be registered. 2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14646 of 2026 3. The learned counsel appearing for the petitioners submitted that the present case has been falsely foisted against the petitioners. He further submitted that the petitioners are ready and willing to cooperate with the investigation and abide by any condition that may be imposed by this Court. He also submitted that the petitioners had resigned from the finance company in the year 2018 and are no longer associated with the said company. Hence, the learned counsel prayed for the grant of anticipatory bail. 4. Per contra, the learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that the defact complainant was cheated by the accused. He further submitted that there are no previous cases against the petitioners. If the petitioners are granted anticipatory bail, there is every likelihood that they may threaten or intimidate the defacto complainant. Hence, he opposed the grant of anticipatory bail. 5. This Court has carefully considered the rival submissions and perused the materials available on record. 3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14646 of 2026 6. Considering the nature of the allegations, the fact that the complaint pertains to the year 2019, the submission that the petitioners had resigned from the finance company in the year 2018, and taking into account the facts and circumstances of the case and also the fact that there are no previous cases against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Theni, on condition that the petitioners shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned 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 ensure their identity; (b) the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of two weeks, and 4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14646 of 2026 thereafter as and when required for the interrogation; (c) the petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the petitioners shall not abscond either during investigation or trial; (e) 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 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 (f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. 17.07.2026 pal To 1.The Judicial Magistrate, Theni. 5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14646 of 2026 2.The The Inspector of Police, Theni Police Station, Theni District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14646 of 2026 K. RAJASEKAR ,J. pal ORDER IN CRL OP(MD) No.14646 of 2026 Date : 17.07.2026 7/7 https://www.mhc.tn.gov.in/judis