Boominathan v. State of Tamilnadu Rep by Inspector of Police, Ccb

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL

1.M.Boominathan

2.B.Sharmiladevi

3.B.Karthik Raja

4.P.Shobiya ...Petitioners/Accused

Vs State of Tamil Nadu rep. by The Sub Inspector of Police, Central Crime Branch Madurai. (Crime No. 38 of 2025) ...Respondent/Complainant

For Petitioners : M/s.J.Balameenakshi

Advocate.

For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl. Side) For Intervenor : Mr.K.Anandraj PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :-For Anticipatory Bail in Cr.No. 38 of 2025 on the file of the respondent police. ORDER : The Court made the following order :-

The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Section 420 of IPC in Crime No. 38 of 2025 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that A1 borrowed a sum of Rs.50,00,000/- from the defacto complainant and however, failed to repay the same. Hence, the case.

¶3The learned counsel for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they are no way connected in the above said incident. They have not committed any offence as alleged by the prosecution. He further submits that the petitioners were already granted interim anticipatory bail. Hence, he prays to grant anticipatory bail to the petitioners.

4.The learned counsel for the intervenor would submit that A1 and his family members borrowed a sum of Rs.50,00,000/- from the defacto complainant on various occasions and however, failed to repay. Hence, he opposed to grant anticipatory bail.

¶5The learned Government Advocate (Crl. Side) fairly submits that A1 borrowed a sum of Rs.50,00,000/- from the defacto complainant and the petitioners are the family members of A1. He further submits that A1 was already arrested and the petitioners have no previous case and investigation is pending. However, he opposes to grant anticipatory bail to the petitioners.

¶6Heard both sides and perused the materials available on record.

¶7Considering the rival submissions on either side and the nature of offences charged against the petitioners, and also considering the facts that there is a dispute between the parties regarding the defacto complainant lent money to the petitioners on several installments and no previous case is pending against the petitioners and already A1 was arrested and also the petitioners were already granted interim anticipatory bail, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on anticipatory bail on condition to 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 learned Judicial Magistrate-I, Madurai, and on further conditions that: [b] the petitioners shall report before the respondent police, every Saturday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the interrogation. [c] the petitioners shall not commit any offences of similar nature. [d] the petitioners shall not abscond either during investigation or trial. [e] the petitioners shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial 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 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J)

30.03.2026 apd

To

1.The Judicial Magistrate-I, Madurai.

2.The Sub Inspector of Police, Central Crime Branch Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLeOP(MD).eNo.e5968eofe2026 oooooP.oDHANABAL,oJ oooooooooooooooooooooooooooooooooooooooooooooapd oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.o5968oofo2026 ooooooooooooooooooooooooooooooDateoo:o30.03.2026 (2/2)