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Madras High CourtCRL OP/10733/2026granted

K.Jagan v. The State Rep.By

2026-05-06Honourable Mrs.Justice L.Victoria Gowri6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-05-2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI K.Jagan S/o Kannappan.

..Petitioner(s) Vs The State Rep.by The Station House Officer, CBCID North Police Station, Vellore District, Tamil Nadu.

Crime No. 04 of 2025 ..Respondent(s) Prayer: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail, in Crime No. 04 of 2025 on the file of the respondent police.

For Petitioner(s):

B.Sandeep For Respondent(s):

Mr.A.Damodharan Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 06.04.2026 for the alleged offences under Sections 111(2)(b), 111(3), 318(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, (Section 417, 420 of Indian Penal Code, 1860) in Crime No.04 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the case was registered on the basis of a complaint alleging that on 01.08.2025, the co-accused/A1 induced the defacto complainant with false promises of earning Rs.5 Crores in returns by investing Rs.10,00,000/- in so-called "Iridium Metal" deals purportedly involving foreign countries. Believing such representations, the defacto complainant handed over a sum of Rs.10,00,000/- to the co-accused/A1. It is further alleged that the defacto complainant and others transferred amounts totalling approximately Rs.10,80,000/- between August and September 2025 at various places in Vellore to the co-accused/A1. The prosecution alleges that the the defacto complainant and other were involved in the iridium metal scam wherein the total cheating amount in the case exceeds Rs.21,00,000/-. 3.

The petitioner herein is arrayed as Accused No. 2 (A2) in the above crime. The petitioner was remanded to judicial custody on 06.04.2026 and has been in custody for the past 15 days as on the date of hearing. The case is pending on the file of the Judicial Magistrate III, Vellore. The co-accused/A1, who is the main accused named in the FIR and who is alleged to have directly received the amount from the defacto complainant, has already been released on bail by this Court in Crl.M.P. No. 202 of 2026, dated 23.01.2026. Hence, this present case.

4.The learned counsel for the petitioner submitted that the petitioner would submit that the petitioner had collected only a sum of Rs.2,92,000/- and that he has been falsely implicated in the present case. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays to grant bail to the petitioner. 5.The learned Additional Public Prosecutor would submit that the custodial interrogation of the petitioner is necessary, as he is alleged to have cheated several people and collected a Sum of Rs.21,00,000/- and that there are two previous cases registered against the petitioner, which clearly demonstrates that he has misused the liberty granted by this Court. Hence, he opposed to grant bail to the petitioner.

6. I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.

7. Considering the fact that the petitioner has come forward to deposit an amount of Rs.10,000/- to the credit of "Tamil Nadu Advocate Clerk Association, Chennai", this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

8. Accordingly, the petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) as cost to the Tamil Nadu Advocate Clerk Association, Chennai, Account No. 484026006 Branch: Indian Bank High Court, IFSC No.IDIB000M157 and on such payment, 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 made ready, before the learned Judicial Magistrate III, Vellore and on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) 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 identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent police daily at 10.30 a.m for a period of three weeks and thereafter as and when required for interrogation.

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

06-05-2026 vsn/jas 1.The Judicial Magistrate III, Vellore, 2.The Superintendent of Police, Central Prison, Vellore.

3.The State Rep.by The Station House Officer, CBCID North Police Station, Vellore District, Tamil Nadu.

4. The Public Prosecutor, High Court of Madras.

L.VICTORIA GOWRI, J.

vsn/jas 06-05-2026