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Madras High CourtCRL OP/7308/2026granted

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

2026-03-24Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Manivannan ..Petitioner(s) Vs State Rep.by, The Inspector of Police, Economic Offence Wing Headquaters, Chennai.

(Crime No.7 of 2024) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on Bail in the event of his arrest in Crime No.7 of 2024 on the file of the respondent police.

For Petitioner(s):

Mr.N.Govindarajan For Respondent(s):

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

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 406, 420 and 120 B of IPC and under Section 316, 318, 61(1) of BNS read with Section 5 of TNPID Act, in Crime No.7 of 2024 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused had cheated the defacto complainant and 34 other persons under the name of a company, namely AIHRWO Properties and Land Developers Pvt. Limited, and swindled a sum of Rs.40 lakhs from the investors. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. He further submitted that the petitioner is a senior citizen and was only an employee of the said company and that he has no previous case against him. 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 submitted that the accused A2, A3 and A5 have already been released on bail by this Court and that the petitioner, being the Vice President of the said company, requires custodial interrogation. Hence, he opposed to grant anticipatory bail to the petitioner.

5. I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.

6. Considering the fact that some of the co-accused have already been released on bail, that the petitioner is a senior citizen and taking into consideration that the FIR came to be registered in the year 2024, and at this length of time, custodial interrogation of the petitioner may not be required, 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 Special Court for TNPID Act Cases, 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 respondent police daily at 10.30 a.m for a period of three weeks and thereafter as and when required for interrogation.

(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.

24-03-2026 MPA To 1.The Special Court for TNPID Act cases, Chennai.

2.The Inspector of Police, Economic Offence Wing Headquaters, Chennai.

3. The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 24-03-2026