Nagarajan v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-03-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Nagarajan ..Petitioner(s) Vs The State Rep.by, The Inspector of Police, Central Crime Branch - Avadi, Chit and Exorbitant (Kanthuvatti) Wing, Avadi - 600 054.
Cr.No.131/2025.
..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 to enlarge the petitioner on anticipatory bail in the event of arrest in Crime No.131 of 2025 on the file of the respondent police.
For Petitioner(s):
Mr.D Prasanna Kumar For Respondent(s):
Mr.P.Dhileepan, Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest for the alleged offences under Sections 296(b), 316(2), 318(4) and 351(3) of BNS, Act, 2023 and Section 4 of TN Prohibition of Charging Exorbitant Interest Act, 2003 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2022 in Crime No.131 of 2025, on the file of the respondent police seeks anticipatory bail.
2. It is the case of the prosecution that the petitioner has misappropriated a sum of Rs.1,17,39,000/- apart from gold jewels belonging to the de facto complainant, thereby committed the aforesaid offences. Hence, the complaint.
3. The learned counsel for the petitioner submits that the entire issue is civil in nature. He further submits that the petitioner has been falsely implicated in this case and that he is ready to abide by any stringent conditions imposed by this Court. Hence, he prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police submits that the petitioner induced the de facto complainant and has received huge sums of money for purchase of land and apart from that he has sold the de facto complainant's mother land to the tune of Rs.47 lakhs and returned only paltry sum. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.
6. While looking at the First Information Report, it is seen that it has been registered on 09.12.2025. Taking into consideration the date of registration of
the First Information Report and nature of allegation being civil in nature, at this length of time, custodial interrogation of the petitioners is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned I Judicial Magistrate Court, Poonamallee on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- each (Rupees Twenty Five 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 learned Magistrate concerned 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 daily at 10.30 am. 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.
25-03-2026 rap
To
1. The I Judicial Magistrate Court, Poonamallee
2. The Public Prosecutor, High Court, Madras.
3. The Inspector of Police, Central Crime Branch - Avadi, Chit and Exorbitant (Kanthuvatti) Wing, Avadi - 600 054.
C.KUMARAPPAN, J.
rap 25-03-2026