K.Premkumar v. The State Rep By, The Inspector Of Police (Crime)
CRL OP NO. 31 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 31 of 2025 K.Premkumar S/o.Kumar, No.85/A-Tiruvallur Street, EVR Nagammai Nagar, Annanur,Truvallur- 600 109.
Petitioner(s) Vs The State Rep by, The Inspector of Police (Crime) B-4, Sevvapet Police Station, Sevvapet, Tiruvallur-602 025. Respondent(s) For Petitioner(s): Mr.Thangamani Rajappa For Respondent(s): Mr.S.Santhosh Government Advocate (Crl.Side)
ORDER
The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Section 318(4) of BNS in Crime No.458 of 2024, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner induced the defacto complainant and on the false promise of securing job for her daughter had received a sum of Rs.3,15,000/- from the defacto complainant. Out of which, the petitioner returned a sum of Rs.54,000/- to the defacto complainant and cheated the defacto complaisant by not paying the balance amount. Hence, the complaint.
3. Learned counsel appearing for the petitioner would submit that the petitioner is innocent and has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is ready to deposit a sum of Rs.1,00,000/- and the petitioner has no previous case with respect to cheating and is ready to produce solvent sureties and also to abide with any conditions that may be imposed by this Court, therefore, he prayed for grant of anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl. Side) appearing for the respondent police opposed for grant of anticipatory bail to the petitioner.
5. Heard the learned counsel for the petitioner, the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record including the FIR.
6. Taking note of the facts and circumstances of the case, the submissions made by the learned counsel on either side and considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. 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, Tiruvallur on condition that the petitioner
shall execute a separate 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees one lakh) to the Crime No.458 of 2024 before the learned Magistrate concerned, within a period of two(2) weeks from the date of receipt of a copy of this order, failing which, the Anticipatory Bail granted to the petitioner shall stand cancelled. The defacto complainant is permitted to withdraw the same by making necessary undertaking affidavit. (b).
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. [c] the petitioner shall report before the respondent police every Saturday at 10.30 a.m. until further orders.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial. [f] 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 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 of B.N.S.
06.01.2025 msv To The Inspector of Police (Crime) The State B-4, Sevvapet Police Station, Sevvapet, Tiruvallur-602 025.