M.Aananthakumar Vs The State Rep by

The State rep by The Inspector of Police, Gopichettipalayam Police Station, Erode District. (Crime No.658 of 2024) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of her arrest in Crime No.658 of 2024 on the file of the respondent Police.

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For Petitioner : M/s.C.Iyyapparaj For Respondent : Mr.S.Santhosh Government Advocate(Crl.Side) ORDER

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The petitioner, who apprehends arrest at the hands of the respondent

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police for the offences punishable under Section 318(4) of BNS in Crime No.658 of 2024, seeks anticipatory bail.

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https://www.mhc.tn.gov.in/judis

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The case of the prosecution is that the petitioner was working

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as a collection agent in the company by name Bajaj Finance Limited; that the petitioner and other accused collected a sum of Rs.20,49,968/- from the customers, and had not mentioned in the company's ledger or bank account; and that they misappropriated the said amount and thus committed aforesaid offences.

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The learned counsel appearing for the petitioner submitted that the petitioner was only working as a collection agent; that the allegations are false; that the co-accused have been granted anticipatory bail on depositing the money; that there is no allegation that this petitioner had gained in the alleged transaction; and that in any case, the allegations are borne out by the records and hence, custodial interrogation of the petitioner is not required and prayed for anticipatory bail to the petitioner.

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The learned Government Advocate (Crl. Side) appearing for the

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respondent police, reiterated the prosecution case and submitted that the coaccused have been granted anticipatory bail by the Trial Court.

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Considering the aforesaid facts, the nature of allegations, and since the allegations are borne out by the records, this Court is inclined this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.I, Gopichettipalayam, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[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.

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[b] the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

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[d] the petitioner shall not abscond either during investigation or trial.

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[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the Petitioners 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];

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[ f ] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

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21.04.2025

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Index : Yes / No Internet : Yes / No dpa

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