Kapilkumar v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Kabilkumar S/o. Mani , 80, Main Road, Veraiyur, Tiruvannamalai, Tamil Nadu - 606 806.

..Petitioner(s) Vs The State Rep.by, The Inspector of Police, Tirukovilur Police Station, Kallakurichi District - 606 601 Crime No. 387 of 2025 ..Respondent(s) Prayer : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on anticipatory bail in the event on his arrest by the Respondent / Complainant Police in the Cr.No.387 of 2025 on the file of the Respondent / Complainant Police.

For Petitioner(s):

Mr.Shanthanu .U For Respondent(s):

Mr.P.Dhileepan Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 420, 294(b) and 506 IPC, in Crime No.387 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that he induced the defacto complainant and other members to invest in a Deepavali chit scheme and collected a sum of Rs.7 lakhs, and thereafter cheated them. It is stated that there are about 55 victims. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent, and has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the FIR was registered on 05.07.2025 and that the investigation is still pending. Hence, he opposed to grant anticipatory bail to the petitioner.

5. I have given my anxious consideration to either side submissions.

6. Considering the nature of the allegations and the fact that the FIR was registered on 05.07.2025, this Court is of the firm view that, at this length of time, custodial interrogation of the petitioner is not required. Hence, this Court

is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.

7. 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 Judicial Magistrate No.I, Kallakurichi, 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 respondent police daily at 10.30 am for a period of 30 days and thereafter as and when required;

(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.

08-04-2026 DRL To 1.The Judicial Magistrate No.I, Kallakurichi.

2. The Inspector of Police, Tirukovilur Police Station, Kallakurichi District - 606 601.

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 08-04-2026