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Madras High CourtCRL OP/2363/2026partly allowed

Vinoliya v. State Rep.By, The Station House Officer,

2026-02-10Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2026

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR 1.Vinoliya

2. Anatharayar @ Anandharayar ... Petitioner/A2, A3 Vs.

The State Rep. By, The Station House Officer, DCB Police Station, Cuddalore District.

Crime No.21 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.21 of 2025 on the file of the respondent police.

For Petitioner :

Mr.B.Balaji For Respondent :

Ms.J.R.Archana Government Advocate (Crl. Side) 1/6

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Section 420 of IPC in Crime No.21 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner was ranked as A2 and A3 and they joined hands with A1 in this case and come forward to buy cashews and failed to return the money and when the defacto complainant questioned the same, the petitioner threatened them with dire consequences. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that, A1 in this case has been arrested and released on mandatory bail. He further submitted that the petitioners were students at the time of alleged transactions. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the first petitioner was actively participated in the business activities and she also issued cheques. Hence, he opposed for grant of bail to the petitioner.

5. I have gone through the FIR and other connected records.

6. Considering the fact that, though it looks like non-payment of money for cashews supplied, it revealed it is the modus adopted by petitioners and Rs.54 lakhs has been cheated by the petitioner and the investigation is pending, this Court is not inclined to grant anticipatory bail to the 1st petitioner/A2. However, considering the fact that there is no specific overt act against the 2nd petitioner/A3, this Court is inclined to 2nd petitioner/A3 alone.

7. Accordingly, the 2nd petitioner/A3 is ordered to be released on bail in the event of arrest or on their appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Sriperumbudur, on condition that the 2nd petitioner/A3 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 3/6

Magistrate concerned, and on further condition that: [a] if the 2nd petitioner/A3 fails to surrender before the concerned Magistrate within a period of ten 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 2nd petitioner/A3 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 2nd petitioner/A3 in accordance with law as if the aforementioned conditions have been imposed and the 2nd petitioner/A3 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];

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[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 10.02.2026 sma To

1. Judicial Magistrate No.II, Panruti.

2.The Station House Officer, DCB Police Station, Cuddalore District.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

sma 10.02.2026 6/6