Vasantharaj @ Vasantharaji v. State Rep. By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.05.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Vasantharaj ... Petitioner Vs.

State Rep by, The Inspector of Police, Kadampuliyur Police Station, Cuddalore District.

Cr.No.96 of 2025 ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of B.N.S.S., 2023 to enlarge the petitioner on bail in the event of his arrest in Crime No.96 of 2025 on the file of the respondent police. For Petitioners : Mr.Sudhakar Kannusamy For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side) 1/10

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 316(2), 316(4), 318(4), 126(2) , 351(2) of BNS , in Crime No.96 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has cheated the defacto complainant to the tune of Rs.1.15 lakhs. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and a false complaint has been given as against him and the petitioner is ready to abide by any condition imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the case of the prosecution and he opposed for grant of anticipatory bail to the petitioner. 2/10

5. According to the defacto complainant, the petitioner has misappropriated to the tune of Rs.1,30,00,000/- and made fixed deposits worth Rs.55,18,030/- and purchased a plot worth Rs.30,00,000/-. The petitioner has filed an affidavit stating that out of Rs.1.30 crores, Rs.40,00,000/- has been admittedly repaid and the remaining amount of Rs.55,00,000/- deposited in the Fixed deposit during the course of investigation is still lying in the said account. In respect of the property purchased to the tune of Rs.30,00,000/-, the petitioner has stated that he is ready to produce original documents before the court of law.

6. Heard both sides and perused the materials available on record including the First Information Report.

7. A scanned reproduction of the Affidavit filed by the petitioner is as follows:- 3/10

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8. Recording the above, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. The affidavit shall form part and parcel of the anticipatory bail order. It will bind till the delivery of judgement.

9. Accordingly, this Criminal Original Petition stands allowed and the petitioner is ordered to be released on anticipatory 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-II, Panruti on condition that the petitioners 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 learned Magistrate concerned and on further condition that:

(a) the petitioner shall report before the respondent police every day at 10.30 a.m., for a period of two weeks and thereafter as an when required for interrogation .

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or 8/10

trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

22.05.2025 Vv 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.

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N.SENTHILKUMAR ,J.

Vv To

1. The Judicial Magistrate-I, Vellore

2. The The Inspector of Police, Kadampuliyur Police Station, Cuddalore District.

3.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.15223 of 2025 22.05.2025 10/10