C R Prabakaran v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2025

CORAM

THE HONOURABLE MR JUSTICE G.K.ILANTHIRAIYAN C.R.Prabakaran Petitioner(s) Vs.

Station House Officer Cuddalore NT P.S, Cuddalore District.

Crime No.191 of 2025 Respondent(s) PRAYER This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the petitioner accused on bail in the event of arrest by the respondent in Crime No.191 of 2025.

For Petitioner(s):

Mr.Naresh Kumar For Respondent(s):

Mr.Leonard Arul Joseph Selvam Govt Advocate (Crl Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 316(2), 318(4), 296(b), 351(2) of BNS in Crime No.191 of 2025, on the file of the respondent police, seeks

anticipatory bail.

2. The case of the prosecution is that the petitioners allegedly cheated the defacto complainant by collecting money for 39 two-wheeler vehicles, failing to deliver the vehicles, and instead misappropriated money. When the defacto complainant confronted about the issue, the petitioner threatened the defacto complainant with dire consequences. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. The learned counsel further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, prayed for anticipatory bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police, reiterated the prosecution's case and opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record.

6. Considering the nature of the allegations and the submissions made by the learned counsel appearing on either side and since, custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.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 made ready, before the learned J.M.I, Cuddalore on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 proof of

payment of deposits, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

[c] the petitioner shall report before the respondent Police as and when required for interrogation; [d] the petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial; [e] the petitioner shall make himself available for interrogation by a Police office as and when required; [f] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [g] the petitioner shall not abscond either during

investigation or trial;

[h] 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];

[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

14.07.2025 jai To 1.The Station House Officer Cuddalore NT P.S, Cuddalore District.

2, The J.M.I, Cuddalore.

3. The Public Prosecutor, High Court of Madras.

G.K.ILANTHIRAIYAN, J.

jai CRL OP No. 15879 of 14.07.2025