Parthiban Ck v. Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.8334 of 2025 Parthiban C K .. Petitioners Vs.

1.Station House Officer, Buddha Colony Police Station, Patna, Bihar State.

(FIR No.5117012250075 of 2025) 2.The Inspector of Police, Neelangarai Police Station, Chennai.

.. Respondents 3.Ajay Pratap Singh.

.. Defacto complainant 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 by the both respondent police concerned in FIR No: 5117012250075 on the file of the Station House Officer, Buddha Police Station, Patna District, Bihar State.

For Petitioner : M/s.G.Anbuchezheian For R2 : Mr.S.Santhosh Government Advocate(Crl.Side) For R1 & R3 : No appearance Page No.1 of 6

ORDER

The petitioner is apprehending arrest by the first and second respondent herein for the offences punishable under Sections 316(2), 318(4) of BNS Act 2023, seeking interstate anticipatory bail. 2.

The case of the prosecution is that the petitioner induced the defacto complainant to deposit Rs.32 Lakhs on the promise of providing high returns; that the petitioner thereafter issued two cheques in favour of the defacto complainant; that when the said cheques were presented for collection, the same was dishonoured for the reason, 'stopped payment'. Hence, the case.

3. The learned counsel for the petitioner would submit that the allegations only disclose financial transactions and that custodial interrogation of the petitioner is not required and sought for interstate anticipatory bail.

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4. Heard the learned Government Advocate (Crl.Side) for the second respondents.

5. Though notice has been ordered on 21.03.2025 and served on the first and third respondent, there is no representation for the first and third respondent.

6. Considering the nature of the allegations, this Court is inclined to grant interim interstate anticipatory bail to the petitioner for a period of three weeks to enable the petitioner to approach the appropriate Court for appropriate remedy.

7. Accordingly, interim interstate anticipatory bail is granted to the petitioner for a period of three weeks, on condition that the petitioner shall surrender before the learned District Munsif cum Judicial Magistrate, Sholinganallur, within a period of seven days from the date on which the order copy is made ready and the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a Page No.3 of 6

like sum to the satisfaction of the said learned Magistrate. Further, within two weeks from the date of execution of bail bond, the petitioner may approach the competent Court and seek appropriate relief.

8. The order granted by this Court shall remain in force for a period of three weeks from the date of receipt of a copy of this order or until such time regular orders are passed by the appropriate Court, whichever is earlier. Failure on the part of the petitioner to comply with the order within the time frame fixed by this Court, the order shall stand, automatically, cancelled.

9.With the above direction, this Criminal Original Petition is disposed of.

15.04.2025 Index : Yes / No Internet : Yes / No dpa Page No.4 of 6

To 1.The Station House Officer, Buddha Colony Police Station, Patna, Bihar State.

2.The Inspector of Police, Neelangarai Police Station, Chennai.

3.The learned District Munsif cum Judicial Magistrate, Sholinganallur.

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

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SUNDER MOHAN , J.

dpa Crl.O.P.No.8334 of 2025 15.04.2025 Page No.6 of 6