G.C. Desingu Raj v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.11683 of 2025 G.C.Desingu Raj .. Petitioner Vs.
The State rep by The Inspector of Police, G7, Police Station, (Crime), Chetpet, Chennai - 600 031.
(Crime No.12 of 2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail in the event of his arrest in relation to Crime No.12 of 2025 dated 06.02.2025 on the file of the G7, Police Station, Chennai (Crime), Chennai. For Petitioner : Mr.Barani Bharathi For Respondent : Mr.S.Balaji Government Advocate(Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 331(1), 49, 318(3), 351(2) of BNS in Crime No.12 of 2025, seeks anticipatory bail. Page No.1 of 4
2.
The case of the prosecution is that, one Thirugnanam was inducted as a paying guest in the Centre of the defacto complainant viz., World University Service Centre in the year 2023; that he had defaulted in payment of rents to the tune of Rs.1,72,000/- from April 2024; that the said person was inducted as a paying guest when the petitioner was working as a Manager in the said Centre and thus committed the aforesaid offences. 3.
The learned counsel appearing for the petitioner submitted that the petitioner is a retired employee; that he attained superannuation and he was relieved from service on 28.03.2024; that in any case, he would not be liable for the default committed by one Thirugnanam and that custodial interrogation is not required for the purpose of investigation and hence prayed for anticipatory bail to the petitioner. 4.
The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions confirmed the fact that default committed by one Thirugnanam is to the tune of Rs.1,72,000/-.
Page No.2 of 4
5.
Considering the nature of allegations which are borne out by records and since the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with 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 on which the order copy is made ready, before the learned II Metropolitan Magistrate, Egmore, Chennai -08 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 as and when required.
SUNDER MOHAN , J.
Page No.3 of 4
[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 Petitioners in accordance with law as if the conditions have been imposed and the Petitioners 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.
21.04.2025 Index : Yes / No Internet : Yes / No rkp To 1.The Inspector of Police, G7, Police Station, (Crime), Chetpet, Chennai - 600 031.
2.The learned II Metropolitan Magistrate, Egmore, Chennai -08.
3.The Public Prosecutor, Madras High Court, Chennai.
Crl.O.P.No.11683 of 2025 Page No.4 of 4