Mohan v. The State of Tamil Nadu Rep by Inspector of Police

ORDER The petitioner apprehends arrest for the alleged offence under Sections 318(4), 296, 351(1) and 351(2) of BNS Act, 2023, in Crime No. 231 of 2026, on the file of the respondent police seeks anticipatory bail.

¶2The allegation against the petitioner is that the petitioner induced the defacto complainant to pay Rs.5,20,000/- on the promise of securing a government job. After receiving the amount, the petitioner neither secured a job nor repaid the amount. Hence, the case has been registered.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that money transaction has been given a false colour. The petitioner is ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner.

¶4The learned Counsel For State of TN (Crl.Side) appearing for the respondent police, reiterated the prosecution case, and on instructions, reported that the alleged payments were made through bank transactions. Only a sum of Rs.3,20,000/- was made in the bank account of the petitioner and by way of the other bank account, additional amount was paid and the investigation is at preliminary stage. Hence, he opposed to grant anticipatory bail to the petitioner.

¶5I have gone through the FIR and also the connected materials. It is revealed that the alleged payments were made during the month of February 2024, whereas the complaint was lodged only on 24.06.2026. Considering the nature of the allegation and the purpose for which the money was paid, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on 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 No.II, Kuzhithurai, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further conditions that: [b] the petitioner shall report before the respondent police, daily at 10.30 a.m. for a period of three weeks, and thereafter as and when required for the interrogation. [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner 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 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

09.07.2026 dss To

1.The Judicial Magistrate No.II, Kuzhithurai,

2.The Inspector of Police, Puthukadai Police Station, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K. RAJASEKAR,J DSS ORDER IN CRL OP(MD) No.13772 of 2026 Date : 09/07/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/07/2026 CORAM THE HONOURABLE MR. JUSTICE K. RAJASEKAR Mohan ... Petitioner/Sole Accused Vs The State of Tamil Nadu Rep By, The Inspector of Police, Puthukadai Police Station, Kanyakumari District. (Crime No. 0231/2026). ... Respondent/Complainant PRAYER :- For Anticipatory bail in crime no 0231/2026 on the file of the Respondent Police For Petitioner : S.C.Herold Singh, Advocate. For Respondent : Mr.T.Lenin Kumar, Counsel For State of TN (Crl.Side)