Karthikeyan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR 1.Karthikeyan 2.G.Vijaya

...Petitioners

Vs.

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

(Crime No. 19 of 2024) .....Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023, to enlarge the petitioners on bail in the event of their arrest by the respondent police in Crime No.19 of 2024 pending investigation on the file the respondent police For Petitioner : Mr.M.Vengadesan For Respondent : M/s.A.Gopinath Government Advocate (Crl.Side)

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Section 420 of IPC in Crime No.19 of 2024, seek anticipatory bail. 1/6

2. The case of the prosecution is that 1st petitioner and the defacto complainant were working together in TNSC Head office at Tiruvannamalai. The allegation is that the 1st petitioner introduced one Vanitha/A3 to the defacto complainant, claiming she could arrange a government job for his son. As a result, an amount of Rs.20,00,000/- was transferred to her account and subsequently, she cheated him.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any such offence as alleged by the prosecution. He would also submit that they have been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court and hence, he prays to grant anticipatory bail to the petitioners.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the case of the prosecution and submitted that the petitioners had promised the defacto complainant that they could arrange a government job in income tax department for his son and thereby, cheated him an amount of Rs.20,00,000/-. He also submitted that A1 and A2 received Rs.2 lakhs while A3 to A7 received Rs.18 lakhs. Hence, he opposed for grant of anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Taking note of the facts and circumstances of the case, nature of allegations against the petitioners, submissions made by the learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy 3/6

made ready, before the learned Judicial Magistrate No.1, Tiruvannamalai on condition that the petitioners shall execute a separate 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 petitioners 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 petitioners shall deposit a sum of Rs.3,00,000/- (rupees three lakhs only) before the learned Judicial Magistrate No.1, Tiruvannamalai in Crime No. 19 of 2024.

[c] the petitioners shall report before the concerned Magistrate/Judge daily at 10.30 a.m on every Monday to Friday and appear before the respondent police at 10.30 a.m on every Saturday and Sunday until further orders;

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial. [e] the petitioners shall not abscond either during investigation or trial.

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[f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023. 21.05.2025 nr 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.

nr To 1.The Judicial Magistrate No.I, Tiruvannamalai

2. The Inspector of Police, District Crime Branch Tiruvannamalai District.

3. The Public Prosecutor, High Court of Madras.

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