Vinoth Alias Osaimani vs State

P. Dhanabal, J

The petitioner, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 420, 294(b), 506(i) of IPC in connection with the Cr. No.361 of 2025, seeks anticipatory bail.

There are totally five accused in this case and the petitioner herein is arrayed as A4. The case of the prosecution is that all the accused entered into a criminal conspiracy and cheated the de-facto complainant by not returning the constructions materials belonging to the de-facto complainant, worth about Rs.45,00,000/-. Hence the case was registered.

Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case. He has not committed any offence as alleged in the FIR. He further submitted that the petitioner's name does not found place in the FIR and that the occurrence took place on 02.06.2023, whereas the FIR was registered on 03.09.2025. He further submitted the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed anticipatory bail for the petitioner.

The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that there are no previous cases pending against the petitioner. He further submitted that a major part of the investigation in this case has almost been completed. However, he vehemently opposed to grant anticipatory bail to the Petitioner.

Heard both sides and perused the materials available on record.

Considering the rival submissions on either side, the nature of offences, the fact that there are no previous cases pending against the petitioner, the fact that the alleged occurrence took place on 02.06.2023, whereas the FIR was registered on 03.09.2025, and that a major part of the investigation in this case has almost been completed, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions.

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, Kallakurichi on condition that the petitioner shall 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 Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police daily at 10.00 a.m. until further orders.

[b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer;

[c] the petitioner shall not leave India without the previous permission of the Court;

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

[e] 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].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.