Madras High CourtCRL OP/1111/2025granted

Shamugarajan v. The State Rep.By, The Sub Inspector Of Police,

2025-01-22Honourable Mr Justice A.D.Jagadish Chandira4 pages

CRL OP NO. 1111 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 1111 of 2025 SHAMUGARAJAN S/o.Ravi, No. 223, Anna Nagar, Water Tank Back Side, Kannankurichi, Salem- 636 008.

Petitioner(s) Vs The State Rep.By, The Sub Inspector Of Police, C- 1, Kattur Police Station. (Cr.No.444/2024) Respondent(s) For Petitioner(s):

Mario Johnson Dominic J.S.Yasmeen N. Keethana B. Aswathy For Respondent(s):

S.Santhosh Government Advocate (criminal Side) Madras High Court.

ORDER

The petitioner apprehend arrest at the hands of the respondent police for the offences punishable under Sections 79 of BNS and 67 of IT Act, 2000 in Crime No.444 of 2024, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioner is a businessman and he joined a Chit Fund running by the Finance Company namely Sai Guru Chit Funds, in which, the defacto complainant is working as a Manager. The petitioner had joined in three chits, where he has already taken two chits and has been continuously paying the monthly installments. When the petitioner tried to take the third chit fund, the Finance Company asked the petitioner for his Title Deed of the property. When the petitioner questioned about that there is no such condition for joining the Chit Fund, it is unnecessary to ask the Title Deed, there was a quarrel between the petitioner and the Defacto complainant. Hence, this case.

3. Learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court. Therefore, he prayed for the grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl. Side) appearing for the respondent police opposed for granting of anticipatory bail to the petitioner, stating that the petitioner has not paid the amount for the chits already taken by him.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.

Side) appearing for the respondent police and perused the materials available on record including the FIR.

6. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent Police, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate II, Coimbatore on condition that the petitioner shall execute 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 said Magistrate, on further condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [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 on everyday at 10.30 A.M., for a period of two(2) weeks and thereafter, every Saturday at 10.30 A.M.

[d] the petitioner shall not tamper with evidence or witness either during the

investigation or during the trial;

[e] the petitioner shall not abscond either during the investigation or during the 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 petitioner was 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

22-01-2025 msv To The Sub Inspector Of Police, C- 1, Kattur Police Station.