Sagul Ameeth Vs The Sate Rep.by, The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 482 of BNSS 2023, to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.122 of 2025, on the file of the respondent police.

¶12

For Petitioners : Mr.M.Dinesh For Respondent : Mr.A.Gopinath, Government Advocate (Criminal Side) ************

¶13

1/6

¶14

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

¶15

Crl.O.P.No.16222 of 2025

¶16

O R D E R

¶17

The petitioners herein apprehend arrest at the hands of the respondent

¶18

police for the offences punishable under Section 318(4) of the BNS [corresponding to Section 420 of IPC] on the file of the respondent police, and therefore seek anticipatory bail.

¶19

2. The allegation against the petitioners is that on 7.12.2024, they claimed to have returned from a foreign country and were in possession of gold, which they intended to exchange. They approached the de-facto complainant for the exchange of the said gold for gold jewellery. The petitioners allegedly assured the complainant that they would hand over genuine gold coins. Relying on their assurance, the complainant handed over a 1½ sovereign gold chain, a 5-gram silver ring, and Rs. 5,000 in cash withdrawn from an ATM, in exchange for the purported gold coins and biscuits. Later, upon testing the items at a nearby jewellery shop for purity, the complainant discovered that the coins and biscuits were made of bronze and were fake and counterfeit. Hence, the present complaint.

¶20

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent and have been falsely implicated in this case. Hence, he prayed for the grant of anticipatory bail to the petitioners.

¶21

2/6

¶22

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

¶23

Crl.O.P.No.16222 of 2025

¶24

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution’s case and submitted that the complainant himself has a criminal history. Hence, he opposed the grant of anticipatory bail.

¶25

5. Heard the learned counsel on either side and perused the materials available on record.

¶26

6. Considering the facts and circumstances and there is a delay of lodging complaint, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

¶27

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Arani, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties

¶28

each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that:

¶29

[a] if the petitioners fails to surrender before the concerned Magistrate within a period of ten days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

¶30

3/6

¶31

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

¶32

Crl.O.P.No.16222 of 2025

¶33

[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;

¶34

[c] the petitioners shall report before the respondent police daily at 10.30.a.m., for a period of three weeks and thereafter as and when required for interrogation;

¶35

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283 ];

¶36

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

14.10.2025

nvi

4/6

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

¶41

Crl.O.P.No.16222 of 2025