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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN and Crl.M.P.No.3295 of 2025 C.Suresh ... Petitioner Vs.

The State rep by, The Inspector of Police, Tambaram CCB Police Station, Tambaram City, Chengalpaet District.

(Crime No.81 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in connection with Crime No.81 of 2024 pending investigation on the file of the respondent Police.

For Petitioner :

Mr.C.S.Saravanan For Respondent :

Mr.S.Vinoth Kumar Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406 & 420 of IPC, in Crime No.81 of 2024, on the file of the respondent Police, seeks anticipatory bail.

2. This petition is for anticipatory bail in connection with cheating of Rs.2,24,00,000/- from nine victims. Hence, the complaint.

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 the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned counsel for the defacto complainant states that this petitioner has collected money from the victims promising high returns in part paid. He further states that the petitioner has filed insolvency petition and after filing the 2/6

insolvency petition he had foreclosed his car loan. Thus, the insolvency petition itself is with an intent to de-fraud the investors.

5. The learned Government Advocate (Crl.Side) appearing for the respondent police while opposing for granting anticipatory bail to the petitioner, reiterated the prosecution case.

6. Heard the learned counsels and perused the materials available on record.

7. Considering the nature of the complaint, this Court is of the view that it is a civil dispute regarding business transaction which has now been given criminal colour, any how, the matter for investigation for which, the custodial interrogation of the petitioner is not required. Only his co-operation for the investigation is sufficient. Hence, petition for anticipatory bail granted on certain conditions;

8. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on or before 04.09.2025 before the learned 3/6

Judicial Magistrate No.I, Tambaram, on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] if the petitioner fails to surrender before the concerned Magistrate on or before 04.09.2025, 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 petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; [d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner 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.

9. Consequently, connected Miscellaneous Petition is closed.

21.08.2025 dna To 1.The Judicial Magistrate No.I, Tambaram.

2. The Inspector of Police, Tambaram CCB Police Station, Tambaram City, Chengalpaet District.

(Crime No.81 of 2024) 3.The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

dna and Crl.M.P.No.3295 of 2025 21.08.2025 6/6