Thiyagarajan v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Thiyagarajan ... Petitioner(s) /Accused - 4 Vs.

State rep. by The Inspector of Police, District Crime Branch, Ranipet.

... Respondent(s)/ Complainant Crime No.276 of 2023 Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.276 of 2023 pending on the file of the respondent police. For petitioner(s) : Mr.C.Prabakaran For Respondent(s) : Dr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420, 468 and 471 of IPC Page No.1 of 7

in Crime No.276 of 2023 seeks anticipatory bail.

2. The defacto complainant is the Branch Manager of M/s.Cholamandalam Investment and Finance Company, and it is alleged that the petitioner obtained a loan of Rs.15,67,000/- from the defacto complainant's company by using a fabricated RC Book. Hence, the case.

3. The learned counsel for the petitioner would submit that the allegations are false. He would further submit that the petitioner is willing to abide by any stringent condition that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case.

5. At this juncture, the learned counsel for the petitioner voluntarily submitted that, without prejudice to his defence and contentions, the petitioner is ready and willing to deposit a sum of Rs.2,00,000/- (Rupees Page No.2 of 7

Two Lakhs only) to the credit of the crime number.

6. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police

7. Considering the submissions made by the learned counsel on either side, the nature of the offence, and other relevant aspects, I am inclined to grant anticipatory bail to the petitioner subject to certain conditions.

8. 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 learned District Munsif cum Judicial Magistrate Court, Ranipet, 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 7

for anticipatory bail shall stand dismissed and on further condition that: [a] 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, everyday at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation;

[c] the petitioner shall make a deposit of Rs.2,00,000/- (Rupees Two Lakhs only) to the credit of Crime No.276 of 2023 before the District Munsif cum Judicial Magistrate Court, Ranipet within a period of one week from the date of receipt of a copy of this order; [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[f] 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 Page No.4 of 7

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];

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

08.05.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr/dpa 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 official website of this court will be watermarked and will also have a QR code.

To

1. The Inspector of Police, District Crime Branch, Ranipet.

2. The Public Prosecutor, Madras High Court, Chennai.

3. District Munsif cum Judicial Magistrate Court, Ranipet Page No.5 of 7

L.VICTORIA GOWRI, J.

skr/dpa Page No.6 of 7

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