P.Peter Arivarasan v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN and CRL MP No. 7371 of 2026 P.Peter Arivarasan ..Petitioner Vs The State rep by, The Inspector of Police J-8 Neelankarai Police Station, Neelangarai, Chengalpet District.

(Crime No.98 of 2026) ..Respondent Prayer: Criminal Original Petition filed under section 483 of BNSS to enlarge the petitioner on bail pending investigation in Crime No.98 of 2026 on the file of the Inspector of Police, Neelankarai Police Station, Neelankarai, Chennai District.

For Petitioner:

Mr.S.Kishore For Respondent:

Mr.S.Vinoth Kumar, Govt.Advocate (Crl Side) For Intervenor:

Mr.Ma.Gowthaman

ORDER

The petitioner, who was arrested and remanded to judicial custody on 23.03.2026 for the alleged offence under Section 406 and 420 of IPC in Crime No.98 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant invested in the petitioner company with a promise of high return totalling to the tune of Rs.45,60,400/- and the petitioner has failed to return the money. Hence, this case.

3. The learned counsel for the petitioner submitted that the petitioner has been incarcerated since 23.03.2026. He further submitted that the petitioner was innocent and that he has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for investigation. 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 petitioner has been already incarcerated in some other case since 09.01.2026. Hence, he opposed to grant anticipatory bail to the petitioner.

5. I have given my anxious consideration to either side submissions and perused the materials available on record.

6. From the submission made by the learned Government Advocate

(Crl.Side) and taking into consideration of the totality of the circumstances and upon the fact that the petitioner has been incarcerated in this case since 23.03.2026 and upon the further fact that the occurrence is during the period 2023, this Court is inclined to enlarge the petitioner on bail subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate Court, Sholinganallur, and on further conditions that:

[a] 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 the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., for the period of fifteen days and thereafter, as and when required for interrogation; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass

appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

21-04-2026 SHL Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To:

1. The District Munsif cum Judicial Magistrate Court, Sholinganallur

2. The Sub Jail Saidapet, Chennai.

3. The Inspector of Police J-8 Neelankarai Police Station, Neelangarai, Chengalpet District.

4. The Public Prosecutor High Court of Madras

C.KUMARAPPAN J.

SHL and CRL MP No. 7371 of 2026 21-04-2026