Arputhagnanam v. State Rep By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 26.02.2025

CORAM:

THE HON`BLE MR.JUSTICE SUNDER MOHAN 1.Arputhagnanam 2.Venkatachalam ... Petitioners/ Accused-10 & 11 Vs State Represented by The Inspector of Police, Mahalingapuram Police Station, Coimbatore District.

[Crime No.206 of 2024 ]

...Respondent

PRAYER: The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioners / Accused - 10&11, in Crime No.206 of 2024 on the file of the respondent police. For Petitioners : Mr. Siva Kumar For Respondent : Mr. S.Santhosh Government Advocate [Criminal side]

ORDER

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The petitioners / Accused-10&11, who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 3, 4 of Price Chit & Money Circulation Schemes (Banning) Act, 1978 and Sections 5, 21(3), 23 of the Banning of Unregulated Deposit Schemes Act, 2019 and Sections 61(2),112 and 318(4) of Bharatiya Nyaya Sanhita, 2023, in connection with the case in Crime No.206 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that A1 and A2 were running a scheme in which it was represented that if a person invests Rs.6,000/- through on-line, they would get the daily profit of Rs.300 and on believing the representation, the defacto complainant and other victims had deposited money to the tune of Rs.1,80,000/- in the said scheme through on-line and that they neither received the profit nor received the principal amount. The petitioner is A-12. The allegations against the petitioner is that he had introduced members to the scheme.

3. The learned counsel for the petitioners would submit that they themselves are victims and that the main accused A1 and A2 were arrested and 2/6

released on bail, and it is not the case of prosecution that the money was deposited into the accounts of the petitioners herein.

4. The learned Government Advocate (Crl.Side) reiterated the prosecution case and confirms that A1 and A2 are the main accused who had commenced the scheme and these petitioners believing the representation, introduced certain members to the scheme.

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

6. Considering the nature of allegations against the petitioners and the fact that the main accused A1 and A2 were arrested and released on bail, and that the case is borne out by records and since the custodial interrogation of the petitioners are not required, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions.

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7. Accordingly, the petitioners are 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 No.II, Pollachi, on condition that each petitioner shall execute a 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:

[a] the petitioners 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 petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders. [d] the petitioners shall not tamper with evidence or witness either during investigation or trial. 4/6

[e] the petitioners shall not abscond either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.

26.02.2025 (3/3) drl To

1. The Inspector of Police, Mahalingapuram Police Station, Coimbatore District.

2.The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN.

J., drl 26.02.2025 (3/3) 6/6