Anbarasan v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL. OP. No.284 of 2026 Anbarasan ....Petitioner Vs The State Represented by Inspector of Police, Central Crime Branch Coimbatore City Crime No.35 of 2025.

..Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in connection with Crime No.35 of 2025 on the file of the respondent police.

For Petitioner: Mr.Thomassaran Singh J For Respondent: Ms.J.R.Archana, Government Advocate (Crl.side)

ORDER

The petitioner, who apprehends arrest by the respondent police for the offences punishable under Sections 420 of IPC in Crime No.35 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that this petitioner is working as a financial advisor under the defacto complainant and he collected a sum of Rs.1.10 Crores for the purpose of settling the GST dues, however, he has failed to repay the same and misappropriated the same. Hence complaint has been lodged.

3. The learned counsel for the petitioner submitted that the allegation levelled against the petitioner herein, that he has prepared a bogus/fake bills and obtained a sum of Rs.1.10 Crores and misappropriated the same. However, the defacto complainant himself has appeared before the GST Council and made a statement that fake bills were submitted by the defacto complainant himself by colluding with the petitioner and there was no misappropriation as alleged in the complaint. He further submitted that there was an earlier complaint lodged by the defacto complainant in the month of February 2025 in which enquiry was conducted and the same was closed. Now the present complaint has been lodged after approaching the concerned Magistrate and after obtaining the order of registration of the FIR. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that out of Rs.1.10 Crores, Rs.48 Lakhs has been repaid by the petitioner and remaining Rs.64 lakhs yet to be repaid and investigation in this case is pending. Hence, he opposed for the grant of anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

6. Considering the above submissions made on either side, nature of the allegation and the fact that there are several transactions taken place between the defacto complainant and the petitioner and further enquiries were contemplated under GST Act wherein statements were made by the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate Court VII, Coimbatore, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 and on further condition that:

(a) 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;

(b) the petitioner shall report before the respondent police, everyday at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation;

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

08.01.2026 To 1.Inspector of Police, Central Crime Branch Coimbatore City 2.The Public Prosecutor High Court of Madras.

K.RAJASEKAR, J., gv CRL OP NO.284 of 2026 08.01.2026