Selvakumar Selvam v. The State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 6524 of 2025 Selvakumar @ Selvam

...Petitioner/A3

Vs.

The State Rep. by The Inspector of Police, Chennai CCB-1 Police Station.

(Crime No.8 of 2024)

...Respondent/Complainant

Prayer: Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on bail in the event of their arrest by the respondent police concerned in C.C.No.3063 of 2024 on XXI Additional Court for Exclusive Trial of CCB Cases, Egmore, Chennai and in Crime No.08 of 2024 on the file of Respondent Police. For Petitioner : Mr.S.Thamaraiselvan For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 316, 318, 61, 3(5) of BNS Act (406, 420, 120B, 34 of IPC) in Crime No. 8 of 2025, on 1/4

the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant had approached A1 and A2 to send his son for a job abroad and paid a sum of Rs.14 lakhs to A1 and A2; that A1 and A2 neither obtained a job nor returned the money; that the petitioner was working in Canada and had spoken to the defacto complainant over phone.

3. The learned counsel appearing for the petitioner submitted that the allegations are false; that he is a permanent resident of Canada and he has nothing to do with the alleged cheating said to have been committed; and in any case custodial interrogation is not required for the purpose of investigation and therefore, prayed for anticipatory bail.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instructions submitted that A1 and A2 had cheated 22 victims including the complainant and cheated a sum of Rs.75 Lakhs and that a final report has been filed showing the petitioner as absconding. 2/4

5. The learned counsel for the petitioner in response submitted that the petitioner was apprehended at the Airport when he came to India for attending his friend's marriage and that he was produced before the learned Magistrate and the learned Magistrate however directed the petitioner to appear on summons on the next hearing date i.e., on 27.03.2025.

6. In such circumstances, the petitioner may appear on the summons issued before the learned Magistrate. It is for the learned Magistrate to consider if the petitioner can be directed to execute a bond under Section 88 of Cr.P.C.

7. With the above observation, the Criminal Original Petition is closed.

07.03.2025 ars 3/4

SUNDER MOHAN, J.

ars To 1.The Inspector of Police, Chennai CCB-1 Police Station.

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

3.The XVI-Additional Court for Exclusive Trial of CCB Cases, Egmore, Chennai.

Crl.O.P. No.6524 of 2025 07.03.2025 4/4