Ganesh v. The State Rep.By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.8674 of 2025 Ganesh .. Petitioner Vs.
The State rep by The Inspector of Police, Central Crime Branch, Avadi, Chennai.
(Crime No.03 of 2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.03 of 2025, pending investigation on the file of the respondent Police. For Petitioner : M/s.T.I.Ramanathan For Respondent : Ms.J.R.Archana Government Advocate(Crl.Side)
ORDER
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 21.01.2025, seeking bail in Crime No.03 of 2025 registered for the offence under Sections 318(4) of BNS r/w Section 4(1), 76(1) of the Chit Funds Act 1982. Page No.1 of 6
2.
The case of the prosecution is that the petitioner was running an unregistered Deepavali Chit Fund; that the petitioner asked the defacto complainant to join the said Chit fund; that the defacto complainant and her relatives joined the Chit fund and invested Rs.17,25,000/-; that when the defacto complainant inquired about the repayment of the amount or the benefit, the petitioner threatened the defacto complainant and abused her in filthy language.
3.
The Learned counsel appearing for the petitioner submitted that the allegations are false and he has been falsely implicated in this case; that there is only a money dispute; that the petitioner is in custody from 21.01.2025 and that in any case, further custody of the petitioner is not required and hence, he may released on bail.
4.
Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the investigation has been completed and final report has been filed.
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5.
Considering the nature of allegations, period of incarceration, the investigation has been completed and the final report has been filed and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.
6.
Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate No.I, Poonamallee, and on further conditions that: [a] 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 abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[e] On breach of any of the aforesaid conditions, the learned Page No.3 of 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
24.03.2025 Index : Yes / No Internet : Yes / No dpa Page No.4 of 6
To 1.The Inspector of Police, Central Crime Branch, Avadi, Chennai.
2.The Judicial Magistrate No.I, Poonamallee.
3.The Superintendent of Prison, Central Prison-II, Puzhal 4.The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN , J.
dpa Crl.O.P.No.8674 of 2025 24.03.2025 Page No.6 of 6