Big Laundry Services Private Limited v. State By The Inspector Of Police(Crime)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN BIG LAUNDRY SERVICES PRIVATE LIMITED, Rep by its Director, Kumaraguru Sesathri, Having its registered office at, No.1/56, Pudupakka, Off Kelambakkam to Vandalur Road, Kancheepuram District - 603 103
...Petitioners/Accused
Vs.
State rep by The Inspector of Police, (Crime) T-3, Korattur Police Station, Chennai - 600 080.
(Crime No.996 of 2024) ...
Respondent PRAYER: This criminal original petition has been filed under Section 482 of BNSS to enlarge the petitioners on anticipatory bail in Crime No.996 of 2025 pending investigation on the file of the respondent police. For Petitioners :
Mr.M.Duraimurugan For Respondent :
Mr.S.Santhosh, Government Advocate (Crl.Side) Mr.Mahendra Naidu for Intervenor Page No.1 of 6
ORDER
This Criminal Original Petition has been filed by the petitioner, who apprehends arrest at the hands of the respondent, seeking anticipatory bail in Crime No.996 of 2024 registered for the offence under Sections 406 & 420 of IPC.
2. The case of the prosecution is that the petitioner is the Managing Director of a Company in the name and style of "Big Laundry Services Private Limited"; that the petitioner had entered into Franchise Agreement with the defacto complainant to operate five outlets of the petitioner in Chennai; that believing the same, the defacto complainant had paid Rs.25,00,000/- to the petitioner and thereafter, the petitioner had cheated the defacto complainant. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the allegations are civil in nature; that it is a case of dispute in a monetary transaction; that the petitioner has already paid a sum of Rs.5,00,000/- to the defacto complainant and that he has now filed an affidavit of undertaking dated 10.03.2025, to pay a sum of Rs.20,00,000/- within a period of two Page No.2 of 6
weeks and sought for grant of anticipatory bail.
4. The learned counsel for the defacto complainant opposed the grant of anticipatory bail and submitted that the petitioner has committed cheating.
5. The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case.
6. Considering the fact that the petitioner has already paid a sum of Rs.5,00,000/- to the defacto complainant; that he has now filed an affidavit of undertaking to pay the balance amount Rs.20,00,000/- and considering the aforesaid facts, this Court is of the view that custodial interrogation of the petitioner is not required. Hence, 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 his appearance, within a period of fifteen days from the date of receipt of copy of this order, before the learned Judicial Magistrate, Page No.3 of 6
Ambattur on condition that the petitioner shall execute a 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 said Magistrate, on further condition that:
[a] The petitioner shall pay the balance amount of Rs.20,00,000/- to the defacto complainant as per the undertaking within a period of two weeks from the date of receipt of the copy of the order. [b] 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 petitioner shall report before the respondent Police as and when required;
[d] the petitioner shall not abscond either during investigation or trial; [e] 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 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered Page No.4 of 6
under Section 269 B.N.S.
11.03.2025 rkp Copy to:
1.The Inspector of Police, (Crime) T-3, Korattur Police Station, Chennai - 600 080.
2.The Judicial Magistrate, Ambattur.
3.The Public Prosecutor, High Court, Madras.
SUNDER MOHAN, J.
rkp Page No.5 of 6
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