Kathirvel v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.10.2025
CORAM
THE HON'BLE MR JUSTICE K.RAJASEKAR Crl.O.P.Nos.14772 & 14648 of 2025 and Crl.M.P.Nos.13330 & 13327 of 2025 1.Kathirvel ... Petitioner / A1 in Crl.O.P.No.14772 of 2025 2.Dhoulathbegum ... Petitioner / A2 in Crl.O.P.No.14772 of 2025 3.Mohan @ S.Mohanraj ... Petitioner / A3 in Crl.O.P.No.14648 of 2025 Vs.
State rep by The Inspector of Police, Thirumulaivoyal Police Station, Tiruvallur District.
... Respondent (Cr.No.101 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in connection with Cr.No.101 of 2025 on the file respondent police.
For Petitioners :
Mr.A.Logesh in Crl.O.P.No.14772 of 2025 :
Mr.G.Santhanu in Crl.O.P.No.14648 of 2025 For Intervenor :
No appearance 1/6
For Respondent :
Mr.S.Udayakumar, Government Advocate (Crl.Side) COMMON ORDER The petitioners herein / A1, A2 and A3, apprehend arrest at the hands of the respondent for the alleged offence under Sections 408 and 420 IPC in Crime No.101 of 2025, seek anticipatory bail. 2.The case of the prosecution is that the 1st accused was working in the hardware shop of the defacto complainant and misappropriated the amount to the tune of Rs.30,00,000/- and diverted the amount to the account of the 2nd and 3rd accused, who are relatives of the 1st accused. Hence, the case.
3.The learned counsel appearing for the petitioners state that the petitioners are innocent persons and they have not committed any such offence as alleged by the prosecution. He further submitted that since the petitioners are relatives, they have been targeted by the defacto complainant and the 1st accused has not misappropriated any money from the defacto complainant. Hence, he prays for grant of anticipatory bail to the petitioners. 2/6
4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the 1st petitioner / A1 in Crl.O.P.No.14772 of 2025 has been arrested by the respondent police and subsequently, he has been released on statutory bail. However, he opposed for grant of anticipatory bail to the petitioners. 5.Considering the facts and circumstances of the case and since A1, who was the main accused in this case, was arrested and released on statutory bail, this Court is inclined to grant anticipatory bail to A2 and A3 and this petition has become infructuous so far as the A1 is concerned, since he was arrested and released on bail.
6.Accordingly, the petitioners / A2 and A3 are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Ambathur, on condition that they shall execute separate a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory 3/6
bail shall stand dismissed and on further condition that: [a] if A2 and A3 fail to surrender before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, 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 the identity proofs to ensure their identity;
[c] the petitioners / A2 and A3 shall report before the respondent police daily at 10.00 a.m., for a period of three weeks and thereafter, as when required for the interrogation;
[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners / A2 and A3 in accordance with law as if the aforementioned conditions have been imposed and the petitioners / A2 and A3 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)13 SCC 283];
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[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 7.Consequently, connected Criminal Miscellaneous Petitions are closed.
16.10.2025 smv To 1.The Inspector of Police, Thirumulaivoyal Police Station, Tiruvallur District.
2.Judicial Magistrate, Ambattur.
3.The Public Prosecutor, High Court of Madras.
5/6
K.RAJASEKAR, J.
smv Crl.O.P.Nos.14772 & 14648 of 2025 16.10.2025 6/6