Vijayakumar Vs The State represented by the Inspector of Police

Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 to enlarge the petitioner on anticipatory bail in the event of his arrest in respect of Crime No.17 of 2026 on the file of the respondent, pending investigation.

¶13

For Petitioner : Mr.R.Nalliyappan For Respondent(s): Mr.N.Palanivel Government Advocate (Crl.Side)

¶14

ORDER

¶15

The petitioner, who apprehends arrest for the alleged offence punishable under Sections 69, 296(b), 351(3) and 318(4) of BNS in Crime No.17 of 2026 , on the file of the respondent police seeks anticipatory bail.

¶16

__________ Page1 of 6

¶17

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

¶18

CRL OP No. 18211 of 2026

¶19

According to the prosecution, the allegation against the petitioner is that he received a sum of Rs.3,00,000/- from the defacto complainant for securing job in the Electricity Department. Apart from that, there is also an allegation against the petitioner that he had a physical relationship with the defacto complainant on the false promise that he would secure a Government job in Electricity Department. Hence, the case.

¶20

The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He has nothing to do with the alleged offence. He would submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioner.

¶21

The learned Government Advocate (Crl.Side) appearing for the respondent police opposed the anticipatory bail application by reiterating the prosecution case and fairly submitted that this petitioner has no criminal antecedents.

¶22

Considering the totality of the circumstances, though the petitioner is charged with cheating and having a physical relationship with the defacto complainant on the basis of a false promise, since the relationship is consensual

¶23

Page2 of 6

¶24

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

¶25

CRL OP No. 18211 of 2026

¶26

in nature, this Court is of the firm view that the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail with certain conditions.

¶27

Accordingly, the petitioner is ordered to be released on anticipatory

¶28

bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Additional Mahila Court, Namakkal, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:

¶29

[a] If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

¶30

[b] The sureties shall affix their photographs and left thumb impression in the application for suretyship (Judicial Form No.46 annexed to ‘The Criminal Rules of Practice, 2019]’. The learned Magistrate shall obtain a copy of any one of identity proofs to ensure their identity;

¶31

[c] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and

¶32

Page3 of 6

¶33

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

¶34

CRL OP No. 18211 of 2026

¶35

when required for interrogation;

¶36

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

¶37

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

¶38

[f] 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 Petitioner 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];

¶39

[ g ] If the petitioner thereafter absconds, a fresh FIR can be

¶40

registered under Section 269 of BNS.

16.07.2026

smv

Page4 of 6

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