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Madras High CourtCRL OP/2917/2025granted

Dr Prasanna Kumar v. State By The Inspector Of Police

2025-02-06Honourable Mr Justice Sunder Mohan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN Dr.Prasanna Kumar .....Petitioner(s) Vs The State rep.by The Inspector of Police, Thirumangalam Police Station, Chennai District.

(Crime No.36 of 2025)

...Respondent(s)

Prayer: Criminal Original Petition filed under Section 482 of BNSS, 2023 to enlarge the petitioner on anticipatory bail in the event of the arrest pending investigation in Crime No.36 of 2025 on the file of the respondent police.

For Petitioner(s) : Mr.A.Natarajan Senior Counsel for Mr.Palanichamy CP.

For Respondent(s): Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406, 420, Page No.1 of 6

120B of IPC in Crime No.36 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that since the defacto complainant requested the petitioner to secure Government job for his son, the petitioner (A3) introduced A1 and A2 to the defacto complainant; that A1 and A2 had obtained Rs.20,00,000/-; and that they neither repaid the said cash nor obtained the job for the defacto complainant's son. Hence, the case.

3.Learned Senior Counsel appearing for the petitioner would submit that the petitioner only wanted to help the defacto complainant in order to secure the job for his son. The petitioner introduced A1 and A2 to the defacto complainant. Thereafter, he had nothing to do with the transactions took place between the defacto complainant and A1 & A2. The learned Senior Counsel for the petitioner would further submit that the petitioner has not benefited financially out of the transactions. Hence, he prays for grant of anticipatory bail to the petitioner. Page No.2 of 6

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioner, submitted that the petitioner along with other accused, in order to secure Government job, have received Rs.20,00,000/- and thereafter, cheated the defacto complainant.

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

6.Considering the aforesaid submissions, nature of allegations against this petitioner and since the custodial interrogation of the petitioner is not required for the purposes of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy was made ready, before the Page No.3 of 6

learned Judicial Magistrate, Ambattur, on condition that the petitioner shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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] 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., until further orders; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 Page No.4 of 6

himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala reported in [(2005)AIR SCW 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

06.02.2025 rkp To 1.The Inspector of Police, Thirumangalam Police Station, Chennai District.

2. The Judicial Magistrate, Ambattur.

3. The Public Prosecutor, Madras High Court, Chennai.

Page No.5 of 6

SUNDER MOHAN, J.

rkp Crl.OP.No.2917 of 2025 06.02.2025 Page No.6 of 6