Balakrishnan v. The State Rep, By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Balakrishnan S/o. Kuppannannadar, No. 7/19-20, Palakkadu 2nd street, K V R Nagar, Thiruppur District.

..Petitioner(s) Vs The State Rep, by Inspector of Police, Thiru Vi Ka Nagar Police station, Chennai District.

(Crime No. 229/2023) ..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioner on bail in the event of arrest in Crime No. 229 of 2023 on the file of the Respondent.

For Petitioner(s):

Mr.Deepak Kumar C For Respondent(s):

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

ORDER

The petitioner herein apprehending arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 of IPC in Crime No.229 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner contacted the defacto complainant through online platforms and induced him to invest with false promises of high income. Believing the same, the defacto complainant paid a sum of Rs.9,00,000/- on various dates through bank and other modes, including phone payments. Subsequently, when the defacto complainant demanded repayment, the accused issued 3 cheques which upon presentation were dishonoured due to insufficient funds and despite repeated attempts to contact the accused through phone, no repayment was made, thereby disclosing that the accused, under the guise of a company, namely ASI Global Pvt. Ltd., had dishonestly induced and cheated the complainant and misappropriated the amounts. Hence, the case.

3. The learned counsel for the petitioner submitted that the respondent police have registered a false case against the petitioner. He further submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Therefore, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that the petitioner has only repaid a part payment. Hence, he vehemently opposed the grant of anticipatory bail to the petitioner.

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

6. Considering the nature of offences, that the occurrence took place and the FIR was registered in the year 2023, the investigation might have been completed by this time; that the petitioner has already repaid a portion of the money and no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following 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 V Metropolitan Magistrate, Egmore, Chennai 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 learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police daily at 10.00 a.m. for a period of thirty (30) days.

[b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

[c] the petitioner shall not leave India without the previous permission of the Court;

[d] the petitioner shall not abscond either during investigation or trial. [e] 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].

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

14-05-2026 Index: Yes/No Speaking/Non-speaking order KSA-2

To

1. The V Metropolitan Magistrate, Egmore, Chennai

2. The Inspector of Police, Thiru Vi Ka Nagar Police station, Chennai District.

3. The Public Prosecutor High Court of Madras

P.DHANABAL, J.

KSA-2 14-05-2026