Thiyagarajan vs. State Of Tamil Nadu Rep. By The Inspector Of Police
Held
The Court granted anticipatory bail to the petitioners. The primary consideration for granting bail was the nature of the charges and the fact that the petitioners had no previous cases. The Court acknowledged the petitioners' submission that they possessed a valid GST Registration Certificate and conducted business transactions legally. While the allegations of non-payment were noted, the Court found it inclined to grant anticipatory bail. The operative directions included releasing the petitioners on bail upon arrest or appearance within fifteen days, subject to executing a bond of Rs.25,000/- each with two sureties, and adhering to several conditions. These conditions included daily reporting to the police for one month, not tampering with evidence or witnesses, and not absconding. The Court also noted that a fresh FIR could be registered under Section 269 BNS, 2023, if the conditions were breached.
Facts
The petitioners, Mageshwari, Thiyagarajan, and Vellaiyan @ Raja (A1 to A3), sought anticipatory bail in connection with Crime No.164 of 2026 registered by the Ambiligai Police Station. The prosecution alleged that the petitioners, operating Redlead Herbal Pvt. Ltd., procured Gloriosa Superba Seeds from the defacto complainant. In a recent transaction, the complainant supplied seeds worth Rs.16,26,880/-, against which the petitioners paid Rs.1,26,880/- and failed to pay the balance Rs.15,00,000/-. Additionally, they allegedly owed Rs.89,64,120/- to several other individuals. The petitioners claimed innocence, stating their company had a valid trade license and GST Registration Certificate and that business transactions were conducted legally.
Key Issues
1. Whether the petitioners are entitled to anticipatory bail under Section 482 of B.N.S.S. given the allegations of non-payment of dues and potential cheating? Petitioner's Argument: The petitioners argued that they are innocent and have not committed any offence. They emphasized that their company, Redlead Herbal Pvt. Ltd., possesses a valid trade license and GST Registration Certificate (No.33AAGCR1986F1ZB). They asserted that the seeds were procured from farmers on an agreement basis and all business transactions were conducted in accordance with the law. Respondent's Argument: The respondent police stated that the petitioners have no previous cases and that the investigation is ongoing. No specific arguments were recorded regarding the merits of the allegations or the GST registration.
Sections Cited
Section 482, Section 269 BNS
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Cause title — parties, addresses and appearances
ORDER : The Court made the following order :- The petitioners / A1 to A3, who apprehend arrest at the hands of the respondent police for the 1/6 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.18003 of 2026 offences punishable under Sections 316(2) and 318(4) of BNS, in Crime No.164 of 2026 on the file of the respondent police, seek anticipatory bail.
The case of the prosecution is that the petitioners, who are running a c
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