Thirukumaran Vs The State of Tamil Nadu

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420 and 406 of IPC, in Crime No.22 of 2024, on the file of the respondent police, seek anticipatory bail.

¶21

2.The case of the prosecution is that the accused persons have cheated the de-facto complainant to the tune of Rs.31,24,000/- by falsely stated that if the de-facto complainant has deposited money in their company, they will refund two times more than the deposited amount. Hence, the complaint.

¶22

3.The learned Counsel appearing for the petitioners submitted that

¶23

the petitioners are innocent persons and they are no way connected with the alleged occurrence as stated by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

¶24

2/6

¶25

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

¶26

CRL.O.P.(MD)No.3787 of 2025

¶27

4.The learned Government Advocate (crl.side) submitted that the

¶28

de-facto complainant has given 161(3) Cr.P.C., statement wherein, the de-facto complainant himself clearly stated that the petitioners/Accused No.2 and 3 are not having role in the alleged offence.

¶29

5.Taking into consideration of the facts and circumstances of the case and also the fact that the de-facto complainant himself clearly stated about the non-involvement of the petitioners in the alleged offence, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

¶30

6.Accordingly, the petitioners are ordered to be released on bail in

¶31

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 No.1, Trichy, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or or to the satisfaction of the learned Judicial Magistrate No.1, Trichy, failing which, the

¶32

3/6

¶33

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

¶34

CRL.O.P.(MD)No.3787 of 2025

¶35

petition for anticipatory bail shall stand dismissed and on further condition that:

¶36

(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;

¶37

(b)the petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate No.1, Trichy. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate No.1, Trichy;

¶38

(c)the petitioners shall report before the respondent police as and when required for interrogation;

¶39

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

¶40

(e) the petitioners shall not abscond either during investigation or trial;

¶41

(f) 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

¶42

4/6

¶43

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

¶44

CRL.O.P.(MD)No.3787 of 2025

¶45

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;

¶46