- Court
- High Court of Madras
- Decided
- 12 November 2025
- Bench
- S Justice T.V.Thamilselvi
- Case no.
- CRL OP 30817/2025
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Judgment
O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 115(2), 126(2), 138A of BNS @ to 109, 115(2), 118(1), 126(2), 191(2), 191(3), 296(b), 138 of BNS, 2023 in Crime No.233 of 2025, seeks anticipatory bail.
¶2The case of the prosecution is that the petitioner joins hands with other accused and abducted the defacto complainant and demanded money which was supposed to be shared by the defacto complainant with the petitioner and other accused, as it was earned from a business they conducted together. Hence, the complaint.
¶3The learned counsel appearing for the petitioner submit that the petitioner is innocent persons and he has not committed any offence as alleged by the prosecution. He further submitted that the co-accused who were arrested have already been released on bail. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.
¶4The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the defacto complainant's brother gave a sum of Rs.2 lakhs to A1 to A4 through a share market app, and subsequently, the defacto complainant's brother was kidnapped and asked for the username and password of the share market app. The petitioner is ranked as A7 and accompanied the co-accused who attacked the defacto complainant with a knife. He further submitted that the co-accused who were arrested have already been released on bail. He further submitted that investigation in this case have already been completed. However, he opposed for grant of anticipatory bail to the petitioner.
¶5Considering the facts and circumstances of the case and that the petitioner on his own volition, is ready to deposit some amount to the credit of the crime number, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
¶6Accordingly, the petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) into the credit of Crime No.233 of 2025 before the concerned Magistrate within a period of three weeks from the date of surrender and on such deposit, the defacto complainant's brother is permitted to withdraw the amount on filing undertaking affidavit and on production of proper identification and acknowledgement. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-I, Cuddalore, on condition that the petitioner shall also execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties (out of which one surety should be a blood surety) 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 interim anticipatory bail shall stand dismissed and on further condition that: [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. [b] the petitioner shall report before the respondent police on every Tuesday and Saturday at 10.30 a.m., for a period of three months; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during investigation or trial. [g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
12.11.2025 mpa To
1.The Judicial Magistrate-I, Cuddalore.
2.The Inspector of Police, Naduveerapattu Police Station, Cuddalore District.
3.The Public Prosecutor, High Court, Madras.
T.V.THAMILSELVI, J. mpa
12.11.2025
Case details
Parties and counsel
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.11.2025 CORAM THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.30817 of 2025 Jagadeeswaran ... Petitioner Versus State represented by The Inspector of Police, Naduveerapattu Police Station, Cuddalore District. (Crime No.233 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of arrest in the Crime No.233 of 2025 on the file of the respondent police. For Petitioner : Mr.S.Sivakumar For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side) *********
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