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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Gnanasekar ..Petitioner(s) Vs State, rep by. The Inspector of Police, Kaveripakkam Police Station, Vellore District.

(Crime No 400 of 2025) ..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of BNSS Act, 2023, praying to enlarge the Petitioner on bail in the event of his arrest in connection with Crime No. 400 of 2025 on the file of the Respondent Police and thus rendering justice.

For Petitioner(s):

Mr.D Ilayaraja For Respondent(s):

Ms.J.R.Archana Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offences under Sections 406 & 420 of IPC, in Crime No.400 of 2025, on the file of the respondent police seeks anticipatory bail.

2.The allegation against the petitioner is that the petitioner collected a sum of Rs.1,20,000/- from the defacto complainant on the promise of repaying the same along with interest at the rate of 2% and thereafter failed to return the said amount. Hence, the case.

2.The learned counsel for the petitioner submitted that the accusation is false and that the amount collected from the defacto complainant has already been repaid. It was further submitted that, due to some other dispute, a false case has been registered against the petitioner. Hence, he prayed for the grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that petitioner had cheated the defacto complainant to the tune of Rs.1,20,000/-. He further submitted that investigation in this case is pending and hence he opposed for grant of anticipatory bail to petitioner.

5.Considering the fact that it is the case of non return of the money collected by the petitioner as a loan amount, hence the custodial interrogation of the petitioner is not necessary, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate No-I, Walajapet, 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 learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) 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 identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent police everyday 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 aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala

[(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

02-02-2026 GBI To 1.State, rep by. The Inspector of Police, Kaveripakkam Police Station, Vellore District.

(Crime No 400 of 2025) 2.The Judicial Magistrate No.I, Walajapet.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

GBI 02-02-2026