R.V. Krishnamurthy v. State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL R.V. Krishnamurthy M/s.Sri Impex, S/o.Vellaisamy, No.1827, 5th Main 12th Cross Street, Hampinagar, Banglore North, Banglore, Karnataka - 560 040.

..Petitioner/Accused No.1 Vs State by Inspector of Police Race Course Police Station Coimbatore District.

(Crime No. 407 of 2025) ..Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest by the respondent police concerned in Crime No. 407 of 2025 on the file of Inspector of Police, Race Course Police Station, Coimbatore District on his appearance before the concerned Court.

For Petitioner:

Mr.S.Sasikumar For Respondent:

Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed by the petitioner on 19.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

2. The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 318(4) and 61(2) of B.N.S, 2023 in Crime No.407 of 2025 on the file of the respondent police.

3. The case of the prosecution is that the defacto complainant paid a sum of 47,000 Euros, equivalent to approximately Rs.42,30,000/-, to the petitioner for arranging the import of a printing machine from Spain. However, the machinery was not supplied and thereby the petitioner cheated the defacto complainant.

4. The learned counsel appearing for the petitioner submitted that the petitioner acted only as a mediator between the defacto complainant and the exporter in Spain. The amount received from the defacto complainant was forwarded to the exporter for procurement of the machinery and only a sum of 3,000 Euros was received as commission. It is further submitted that due to the exporter subsequently being blacklisted, the machinery could not be imported. The petitioner is innocent and has been falsely implicated in the case. The learned counsel further submitted that the petitioner had appeared before the respondent police pursuant to the notice issued under Section 41A of Code of Criminal Procedure Code, 1973 and cooperated with the investigation and therefore custodial interrogation of the petitioner is not necessary.

5. Mr.A.Gopinath, the learned Government Advocate (Criminal Side), on instructions, submitted that the petitioner had already filed Crl.O.P.No.23546 of 2025 under Section 482 of BNSS and the same was dismissed vide order dated 29.10.2025. Thereafter, the petitioner again filed Crl.O.P.No.10101 of 2026 under Section 482 of BNSS and the same was also dismissed vide order dated 30.04.2026. The present Criminal Original Petition has been filed on 19.05.2026. This Court specifically questioned the learned counsel appearing for the petitioner regarding the change in circumstances for filing the present successive petition. The learned Government Advocate (Crl.Side) further submitted that the petitioner did not cooperate with the investigating agency and admittedly the investigation is still pending. Hence, in the absence of any substantial change in circumstances, the successive petition is not maintainable.

6. Considering the submissions made on either side and on perusal of the materials available on record, this Court finds that the earlier petitions filed by the petitioner were already dismissed on 29.10.2025 and 30.04.2026 respectively. Except stating that the petitioner appeared before the respondent police pursuant to the notice issued under Section 41A Cr.P.C., no substantial change in circumstances has been shown before this Court. Admittedly, the investigation is not yet completed. Therefore, in the above circumstances,

successive bail application without any change in circumstances is not maintainable. Therefore, this Criminal Original Petition stands dismissed. 21-05-2026 Index: Yes/No Speaking/Non-speaking order NSL/SHL To

1. The Judicial Magistrate No.III, Coimbatore.

2. The Inspector of Police, Race Course Police Station Coimbatore District.

3. The Public Prosecutor, High Court of Madras.

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.

R.SAKTHIVEL, J.

NSL/SHL 21-05-2026