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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Rajendiran ... Petitioner(s) /Accused Vs.

State by, Inspector of Police, Arcot Town Police Station, Ranipet District.

... Respondent(s)/ Complainant Crime No.605 of 2024 Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest by the respondent police in Crime No.605 of 2024, on the file of the respondent police.

For petitioner(s) : Mr.D.Thirumoorthy For Respondent(s) : Mr.S.Santhosh, Government Advocate (Crl.Side) Page No.1 of 7

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 506(1) and 420 of IPC, 1860, in Crime No.605 of 2024, seeks anticipatory bail.

2. It is the case of the prosecution that the petitioner and the defacto complainant are business partners; that they were engaged in the business of purchasing lorries and supplying drinking water to the general public; that the defacto complainant had invested a substantial amount in the year 2016, and they were sharing the profits; that from the year 2017 onwards, the petitioner failed to pay the agreed share of profit; and that when questioned, he threatened the defacto complainant of dire consequences and thus committed the aforesaid offences.

3. The learned counsel appearing for the petitioner submitted that the allegations are false; and that in any case the allegations are borne out by records and thus, custodial interrogation of the petitioner is not required and Page No.2 of 7

prayed for anticipatory bail to the petitioner.

4. The learned counsel for the defacto complainant vehemently opposed the grant of anticipatory bail to the petitioner and submitted that the defacto complainant has suffered substantial loss due to the petitioner, who failed to share the agreed profit with the defacto complainant

5. The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and opposed the grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts, the nature of allegations, and since the allegations are borne out by records, this Court is inclined to grant anticipatory bail to the petitioner with 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 days from the Page No.3 of 7

date on which the order copy is made ready, before the learned Judicial Magistrate, Arcot, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 condition 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 report before the respondent police twice a week at 10.30 a.m., until further orders;

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

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[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 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 BNS.

15.04.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr Page No.5 of 7

To

1. Inspector of Police, Arcot Town Police Station,Ranipet District.

2. The Public Prosecutor, Madras High Court, Chennai.

3. Learned Judicial Magistrate, Arcot.

SUNDER MOHAN, J.

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