K.Sathish v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.12312 of 2025 K.Sathish .. Petitioner Vs.
The State rep by The Inspector of Police, Central Crime Branch Avadi, Chennai - 600054.
(Crime No.28 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 arrest in Crime No.28 of 2025 on the file of the respondent Police. For Petitioner : M/s.L.Infant Dinesh 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 Section 34 and 420 IPC Act in Crime No.28 of 2025, seeks anticipatory bail. Page No.1 of 6
2.
The case of the prosecution is that the first and second accused are husband and wife respectively; that under the pretext of starting a new business, they sought financial assistance from the defacto complainant and other victims; that the accused made the defacto complainant and other victims to obtain loans from the Banks in their names; that initially, the accused made payments towards loan EMIs and thereafter, they failed to pay the money and thus committed cheating. It is alleged that the petitioner, who is an agent of the Bank, conspired with the accused in the disbursal of loans to the defacto complainant and other persons. 3.
The learned counsel appearing for the petitioner submitted that the allegations are false; that the petitioner was only working as an agent and had not gained monetarily from the transactions and that in any case, custodial interrogation of the petitioner is not required and sought for anticipatory bail to the petitioner.
4.
The learned Government Advocate (Crl. Side) appearing for the respondent police, reiterated the prosecution case and filed a counter Page No.2 of 6
affidavit stating that the petitioner was acting as an agent of the bank and conspired to sanction and disburse a loan in favour of the defacto complainant; that there is one previous case pending against the petitioner. 5.
Admittedly, first and second accused have been arrested and still in custody. The petitioner had not made false representations to the defacto complainant and had not gained monetarily from the transactions. Considering the aforesaid facts, nature of allegations and since, custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners 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 Judicial Magistrate-I, Poonamalle Court, Thiruvallur, 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 Page No.3 of 6
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 daily at 10.30 a.m., until further orders.
[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.
24.04.2025 Index : Yes / No Internet : Yes / No dpa Page No.4 of 6
To 1.The Inspector of Police, Central Crime Branch Avadi, Chennai - 600054.
2.The learned Judicial Magistrate-I, Poonamalle Court, Thiruvallur.
3.The Public Prosecutor, Madras High Court, Chennai.
SUNDER MOHAN , J.
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dpa Crl.O.P.No.12312 of 2025 24.04.2025 Page No.6 of 6