S.Niranjan v. The State Represented By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 26.03.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN S. Niranjan S/o. Srinivasan ... Petitioner / Accused Vs State rep. by:- The Inspector of Police, CCD-II Vellore, Vellore District.
... Respondent [C. C. No.14 of 2023] PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioner / Accused in C.C. No.14 of 2023 on the file of the respondent police. For Petitioner : Mr. Mohan.G.
For Respondent : Mr. S. Santhosh, Government Advocate [Criminal side]
ORDER
The petitioner / Accused, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 120-B, 420 of IPC and Section 66(D) of IT (Amendment) Act in connection with the 1/6
case in C.C. 14 of 2023, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant was induced through online to invest Rs.14,53,468/- on the promise of high returns by certain persons and after investment, it was found as if he had earned Rs.22,19,828/-; that when she attempted to withdraw the amount, they further demanded Rs.4,86,000/-; that thereafter, she came to know about the fraudulent activities; that A1 and A2 were arrested and on their confession, it was revealed that the petitioner was also involved in the aforesaid offences.
3. The learned counsel for the petitioner would contend that the alleged transactions took place in the year 2023; that the petitioner has no bad antecedents; that the allegations against the petitioner are false; and that custodial interrogation of the petitioner is not required and hence prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to 2/6
the petitioner, reiterated the prosecution case and on instructions, submitted that it was revealed from the confession of A1 and A2 that they had started the account at the instance of this petitioner, who had asked them to return the money, that was credited into their account, to him; that a sum of Rs.65,000/- was credited to A1 and A2; and that the said account of A1 and A2 was frozen.
5. Considering the aforesaid facts, nature of allegations, the fact that the alleged transactions took place in the year 2023, the petitioner is sought to be implicated based on the confession of co-accused, the fact that the account of A1 and A2 has been frozen and since the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.
6. 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 a copy of this order, before the learned 3/6
Judicial Magistrate-II, Vellore 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that: [a] the petitioner 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. [b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioner shall not abscond either during investigation or trial;
[e] On breach of any of the aforesaid conditions, the learned 4/6
Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560]; and [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
26.03.2025 mjs To 1.The Judicial Magistrate-II, Vellore.
2. The Public Prosecutor, High Court, Madras. 3.The Inspector of Police, CCD-II Vellore, Vellore District. SUNDER MOHAN. J., mjs 5/6
26.03.2025 6/6