Jebertson v. State Represented By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.6878 of 2025 Jebertson .. Petitioner/A4 Vs.
The State rep by The Inspector of Police, Singanallur Police Station, Coimbatore District.
(Crime No.617 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 his arrest in Crime No.617 of 2024 on the file of the respondent Police. For Petitioner : Mr.R.Parthiban For Respondent : Mr.S.Santhosh Government Advocate(Crl.Side)
ORDER
The petitioner/A4, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 316(2) and 318(4) of BNS (under Sections 406 & 420 of IPC) in Crime No.617 of 2024, seeks anticipatory bail.
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2. It is the case of the prosecution that the first accused had purchased ghee from the defacto complainant for a value of Rs.3,49,500/- and had given cheques, which were dishonoured; and that the ghee so purchased, was supplied to the petitioner for a lesser price. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner has nothing to do with the alleged transaction; that he had purchased ghee for a valid consideration and the allegations relate to the money dispute; and that in any case custodial interrogation of the petitioner is not required for the purpose of investigation, and prayed for anticipatory bail.
4. The learned Government Advocate (Crl.Side) while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and submitted that the defacto complainant and the first accused had a business transaction and the cheques issued by the first accused were dishonoured. Page No.2 of 5
5. Considering the aforesaid facts and the nature of the allegations against this petitioner, this Court is of the view that custodial interrogation of the petitioner is not required for the purpose of investigation and 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 her appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.III, Coimbatore, 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 condition 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, once in a week i.e., on every Monday at 10.30 a.m., until Page No.3 of 5
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 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].
[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
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SUNDER MOHAN , J.
ars To 1.The Inspector of Police, Singanallur Police Station, Coimbatore District.
2.The Judicial Magistrate No.III, Coimbatore. 3.The Public Prosecutor, Madras High Court, Chennai.
Crl.O.P.No.6878 of 2025 19.03.2025 Page No.5 of 5