A.Anbarasu v. State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.13271 of 2025 A. Anbarasu S/o. Arjunan ... Petitioner/Accused Vs.

The State represented byThe Inspector of Police, R-4 Soundarapandianar Angadi Police Station, T.Nagar, Chennai-600 017.

(Crime No.8 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.8 of 2024, pending investigation on the file of the respondent Police. For Petitioner : Mr.M.G.S. Rajarajan For Respondent : Ms. J.R. Archana Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 25.02.2025, seeking bail in Crime 1/6

No.8 of 2024 registered for the offences under Sections 406, 420 and 120-B of IPC.

2. The case of the prosecution is that the petitioner induced the defacto complainant to invest money in the share trading business; that believing the words of the petitioner, the defato complainant invested money to the tune of Rs.48,50,000/- on various dates through cash, RTGS and G-pay to the account of the petitioner and his family members; and that the amount was not returned by the petitioner. Hence the case.

3. The learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that he has nothing to do with the alleged offences; and that knowing the risk in online trading, the defacto complainant has voluntarily deposited the money and he has not induced her to pay money; that in any case, considering the period of incarceration, further custody of the petitioner is not required and prayed that the petitioner may be released on bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent 2/6

police, while opposing grant of bail to the petitioner, reiterated the prosecution case and on instructions, confirmed the aforesaid facts and submitted that the petitioner has one previous cases, in which, he is on bail; and that charge sheet has been filed.

5. Considering the aforesaid submissions made on either side, nature of allegations, period of incarceration, the fact that the petitioner is on bail in other previous case, investigation was completed and charge sheet has now been filed, this Court is of the view that further custody of the petitioner is not required for the purpose of investigation. Hence this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned XVII Metropolitan Magistrate, Saidapet, Chennai.

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may 3/6

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 abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 B.N.S.

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To

1. The XVII Metropolitan Magistrate, Saidapet, Chennai.

2. The Inspector of Police, R-4 Soundarapandianar Angadi Police Station, T.Nagar, Chennai-600 017.

3. The Superintendent of Police, Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras. 5/6

SUNDER MOHAN., J.

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