C. Thangavel Vs The State Rep By its Inspector of Police

This Criminal Original Petition is filed under Section 482 of BNSS, praying to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No. Not Known of 2026, on the file of Respondent Police and thus render justice.

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

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

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CRL OP No. 19290 of 2026

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ORDER

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The petitioner apprehends arrest for the alleged offences under Sections 318(4) & 351 of BNS 2023 in Crime No .Not Known on the file of the respondent police seeks anticipatory bail.

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The case of the prosecution is that the petitioner received a sum of Rs.4,60,000/- from the de facto complainant under the pretext of securing a permanent job in the Tamil Nadu Electricity Board (TNEB). It is alleged that the petitioner failed to secure the employment and also did not return the money, thereby cheated the de facto complainant. Hence the complaint.

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3. The learned counsel for the petitioner submitted that the petitioner is innocent and a false case has been foisted against the petitioner and that he has not committed any offence as alleged by the prosecution. He further submitted that the alleged incident took place in the year 2023, and the present F.I.R. came to be registered only subsequently, pursuant to the direction of the learned Judicial Magistrate, Palacode, passed in Crl.M.P. No. 215 of 2025 on 25.11.2025.

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CRL OP No. 19290 of 2026

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4. Per contra, the learned Government Advocate (Crl.Side) appearing for

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the respondent police reiterated the prosecution case and submitted that F.I.R.No.232 of 2026 has been registered as against the petitioner. Hence, opposed to grant anticipatory bail to the petitioner.

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5. I have given my anxious consideration to either side submissions.

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6. Considering the nature of the allegations and the fact that the occurrence took place in the year 2023 and the F.I.R came to be registered in the year 2026, at this length of time, this Court is of the firm view that, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.

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7. Accordingly, the petitioner is ordered to be released on 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 Judicial Magistrate, Palacode 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 learned Magistrate concerned, and on further conditions:

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(a)If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the

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CRL OP No. 19290 of 2026

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date of receipt of a copy of this order, this order shall stand automatically cancelled;

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

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(c) The petitioner shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter as and when required;

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(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

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(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

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21-07-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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MFA

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