G. Rajendran v. The State Rep By Its Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.05.2025
CORAM
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR G. Rajendran ... Petitioner/A3 Vs.
State rep. by The Inspector of Police, Kallakurichi Police Station, Kallakurichi District.
... Respondent Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail in Crime No. 234 of 2017 on the file of the respondent police in the event of his arrest. For petitioner : Mr.Logesh J For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 420 of Indian Penal Code, 1860 in Crime No.234 of 2017 on the file of the respondent police, seeks anticipatory bail.
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2. The case of the prosecution is that the petitioner and other accused persons were in the trust named "Mother India Charitable Trust". The defacto complainant is the leader of the self help group. The accused persons insisted the de-facto complainant and other 12 leaders of self help group to pay Rs.9,000/- each towards insurance in TATA AIA Insurance scheme for getting loan of Rs.1,00,000/- each. Thereafter, from the account of de-facto complainant and 12 others, a sum of Rs.26,00,000/-, which was collected from 289 victims, were transferred to the TATA AIA Account through Demand Draft. After receiving the said amount, the accused persons absconded. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, he never committed any offence either individually or joining with any others and he has been falsely implicated in this case. He also submitted that the co-accused were already granted bail by this Court. He further submitted that the petitioner is a law-abiding citizen and that he is ready to abide by any conditions that may be imposed by this Court, and therefore, he prayed to grant anticipatory bail to the petitioner.
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4. The learned Government Advocate (Crl.Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case.
5. Heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) appearing for the respondent police and perused the materials available on record.
6. Considering the aforesaid fact, nature of allegations 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 on certain conditions.
7. 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 made ready, before the learned Judicial Magistrate Court, Thiruchirapalli, 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 Page No.3 of 6
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 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]; Page No.4 of 6
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 21.05.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No rpl 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 Judicial Magistrate Court, Thiruchirapalli 2.The Inspector of Police, Kallakurichi Police Station, Kallakurichi District.
3.The Public Prosecutor, Madras High Court, Chennai.
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N.SENTHILKUMAR, J.
rpl Crl.O.P.No.13953 of 2025 21.05.2025 Page No.6 of 6