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Madras High CourtCRL OP/514/2026granted

Faisal v. State Inspector Of Police

2026-01-12Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2026

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Faisal ... Petitioner Vs.

The State of Tamil Nadu, Inspector of Police, Kalapet Police Station, Pudhucherry.

Crime No.125 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.125 of 2025 on the file of the respondent police.

For Petitioner :

Mr.Vellidoss Sattu For Respondent :

M/s.M.V.Ramachandra Murthy Public Prosecutor ( Puducherry)

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 34, 409 and 420 of IPC in Crime No.125 of 2025, on the file of the respondent Police, seek anticipatory bail.

2. The allegation against the petitioner is that the petitioner herein collected a sum of Rs.20 lakhs for supply of fish claiming himself to market the fish to various places and agreed to supply the fish, however the petitioner neither supplied the fish nor returned the money. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person he has been falsely implicated in this case. He further submitted that, substantial portion of the money has been paid. He further submitted that, petitioner is ready to co-operate with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that out of the amount received from the

defacto complaint of Rs.20 lakhs, petitioner had repaid Rs.7 lakhs and the remaining amount yet to be repaid. He further submitted that, investigation is pending.

5. Considering the nature of allegations and the submissions made on both sides and the fact that, its case of non-supply of fish, I am of the view that custodial interrogation of the petitioner is not necessary for investigating this case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions:

6. 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.V, Pudhucherry on condition that each of 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 Magistrate concerned, and on further condition that:

[a] if the petitioner fails to surrender before the concerned Magistrate within a period of fifteen days from the date of receipt of a copy of this order, this order shall

stand automatically cancelled;

[b] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[c] the petitioner shall report before the respondent police daily at 10.30.a.m., for a period of two weeks and thereafter as and when required for interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 12.01.2026 sma

To

1. Judicial Magistrate No.V, Pudhucherry

2. Inspector of Police, Kalapet Police Station, Pudhucherry.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

sma 12.01.2026