Saravanan v. The State Represented By,The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 09.05.2025
CORAM
THE HON'BLE MRS. JUSTICE L.VICTORIA GOWRI Crl.O.P.No. 14804 of 2025 1.Saravanan 2.Prabagaran ... Petitioners Vs State Rep. by The Inspector of Police, Ranipet Police Station, Ranipet District.
[Cr. No. 276 of 2023] ... Respondent PRAYER: The Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 praying to enlarge the petitioner on anticipatory bail in the event his arrest in Crime No. 276 of 2023 pending investigation on the file the respondent police. For Petitioner : Mr.R.Parthiban For Respondent : Mr.Dr.C.E.Prathap Government Advocate (Crl.Side)
ORDER
The petitioner apprehends arrest for the alleged offences under Sections 420, 468 & 471 of IPC in Crime No.276 of 2023 on the file of the respondent police seeks anticipatory bail.
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2.The case of the prosecution is that the petitioners colluded with the other accused and applied loan for third party settlement before the defacto complainant's Company by producing a JCB vehicle bearing Registration No.TN-21-BD-9698, which was registered in the name of A5 and on 29.12.2021, the defacto complainant sanctioned the said loan to A4 as third party settlement; that on verification of the documents and hypothecation endorsement from RTO, it was found that the said vehicle was already mortgaged by the accused by creating forged RC smart card and sold the same to A5 and thus the accused committed the aforesaid offences.
3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners were acted as only brokers for obtaining RC smart card and based on the confession of co-accused, they have been implicated in this case. He further submitted that the petitioners are ready to abide by any condition that may be imposed by this Court. Hence, he sought for bail. 2/7
4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for the grant of bail.
5.Heard both side and perused the materials available on record. 6.Considering the representations made by both sides, the aforesaid facts, the nature of offences charged against the petitioner and considering, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the District Munsif cum Judicial Magistrate Court, Ranipet, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), each with two sureties, each 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 and on further condition that:
[a] the petitioner shall report before the respondent 3/7
police everyday at 10.30 A.M. for a period of one month and thereafter as and when required for interrogation; [b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts of the Court or to any police officer.
[c] the petitioner shall not leave India without the previous permission of the Court.
[d] the petitioner shall not abscond either during investigation or trial.
[e] the petitioner shall make himself/herself available for interrogation by a police officer as and when required. [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 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
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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.
Copy to:
1.The Inspector of Police, Ranipet Police Station, Ranipet District.
2.The District Munsif cum Judicial Magistrate Court, Ranipet. 3.The Public Prosecutor, High Court, Madras.
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L.VICTORIA GOWRI J.
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