Vijay Krishnaraj Alias Vijayraj v. State Rep By The,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 02.04.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN Vijay Krishnaraj @ Vijayraj ... Petitioner / Accused Vs State rep. by:- The Inspector Of Police, Mambalam Police Station, Chennai.
... Respondent [Cr. No.10 of 2025] PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioner / Accused in Crime No.10 of 2025 on the file of the respondent police. For Petitioner : Mr.A. Kripakaran For Respondent : Mr. S. Santhosh, Government Advocate [Criminal side]
ORDER
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The petitioner / Accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 351, 406, 420 and 506(i) of Indian Penal Code in connection with the case in Crime No.10 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and the defacto complainant had consensual relationship; that the petitioner induced the defacto complainant to lend a sum of Rs.40 lakhs; that the defacto complainant lent a sum of Rs.15 lakhs; that the petitioner promised to marry the defacto complainant; that the petitioner neither repaid the money nor married the defacto complainant and he had married another lady and thus, committed aforesaid offences.
3. The learned counsel for the petitioner submitted that the alleged transactions took place in the year 2016; that the allegations are false; that even according to the defacto complainant, the petitioner sent Rs.7,50,000/- by bank transfer to the defacto complainant; and that in 2/6
any case, considering the nature of allegations, custodial interrogation of the petitioner is not required and hence prayed that he may be granted anticipatory bail.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions, submitted that the alleged transactions took place in the year 2016.
5. Considering the aforesaid facts, the nature of allegations, the fact that the alleged transactions took place in the year 2016, and the complaint was lodged in the year 2025, this Court is of the view that the custodial interrogation of the petitioner is not required for the purpose of investigation. Therefore, this Court is inclined to grant anticipatory bail to the petitioner on 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 days from the date of receipt of a copy of this order, before the learned XVII 3/6
Metropolitan Magistrate, Saidapet, Chennai on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of the respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:
[a] the petitioner and 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 appear before the respondent police as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioner shall not abscond either during investigation or trial;
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the 4/6
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]; and [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
02.04.2025 mjs To 1.The XVII Metropolitan Magistrate, Saidapet, Chennai. 2.The Public Prosecutor, High Court, Madras.
3. The Inspector Of Police, Mambalam Police Station, Chennai. SUNDER MOHAN. J., mjs 5/6
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