Vijayaraghavan v. The State Rep.By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-03-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Vijayaraghavan S/o.Madavan, No.S.6, Orchid Block RC Wood Side, Dr.Murthy Nagar Main Road, Tirumullavoyil, Chennai-60 0062.
..Petitioner(s) Vs The State rep.by, The Inspector of Police, Economic Offences Wing, Head Quarters, Chennai.
Cr.No.06 of 2023.
..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in the event of arrest by the respondent police in connection with C.C.No.2 of 2025, on the file of the Special Judge (TNPID Court), Chennai in Cr.No.06 of 2023 pending investigation on the file of the respondent. For Petitioner(s):
Mr.Nixon T For Respondent(s):
Mr.P.Dhileepan Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest for the alleged offence under Section 420 IPC and Section 5 of TNPID Act, 1997 later the FIR was altered under Section 406, 420, 409, 120(B) of IPC and Section 5 of TNPID Act, 1997 in Crime No.06 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that A1 and A2 induced the defacto complainant's friend Santhi that if they invest in their company, they would 25% profit. Believing such false representation, the defacto complainant pledged her jewels, borrowed loans from friends and invested Rs.60 lakhs on 30.06.2022 and Rs.70 lakhs on 14.07.2022 in Green Agro Tech. Further the defacto complainant was forced to join in a chit scheme for Rs.20,00,000/- by the accused persons. While so, A1 and A2 defaulted to pay the interest as promised, but when the defaco complainant tried to secure A1 and A2, they have absconded and cheated the defacto complainant to the tune of Rs.1.5 Crores. Hence the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent would fairly submit that charge sheet has already been filed and that some of the co-accused have also been enlarged on bail.
5. Though the allegation of cheating of Rs.4.50 Crores, since the respondent police have already filed charge sheet and that date of FIR is 05.05.2023, at this length of time, no custodial interrogation of the petitioner is required. Hence, this Court is inclined to enlarge on him bail, subject to 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 (15) days from the date on which the order copy is made ready, before the learned Special Court under TNPID Act, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:
(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b) The sureties shall affix their photographs and left thumb
impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;
(c) The petitioner shall report before the TNPID Court, Chennai, daily at 10.30 a.m. until further orders ; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];
(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
13-03-2026 Index: Yes/No Speaking/Non-speaking order MTL To
1. The State rep.by, The Inspector of Police, Economic Offences Wing, Head Quarters, Chennai.
2. The Special Court under TNPID Act, Chennai.
3. The Public Prosecutor, High Court, Madras.
C.KUMARAPPAN, J.
MTL 13-03-2026