Ponnambalam v. The State Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.17504 of 2025 Ponnambalam ... Petitioner Vs.

The State Rep. By Inspector of Police, District Crime Branch, Cuddalore ... Respondent (Cr.No.26 of 2021) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of their arrest in Cr.No.26 of 2021 pending on the file of the respondent police namely Inspector of Police, District Crime Branch, Cuddalore. For Petitioner : Mr.K.Chandrasekaran For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest for the alleged offence under Sections 406 and 420 of IPC on the file of the respondent police seeks anticipatory bail.

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2. The allegation against the petitioner is that he ranked as A6. He joined hands with other accused, collected the amount of Rs.57,90,000/- from various persons as investment on promising of giving good profit and subsequently cheated.

3. The learned counsel appearing for the petitioner submitted that the totally two cases were registered against the company, in which the petitioner is also managing the same. He was arrested in another case and he was in prison and after 90 days he got default bail. This case was prior to the arrested case and this case was registered in 2020, police have not arrested him in this case and he is ready to abide any condition that may be imposed by this court. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and reported that investigation in this case is completed and final report filed, but yet to be taken on file. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record. 2/6

6. Considering the nature of allegations and the fact that two other accused were arrested and released on bail, the petitioner is arrested in another case which was similar in nature and was registered subsequent to the present complaint, I am inclined to grant anticipatory bail to the petitioner, subject to 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 (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate-I, Virudhachalam on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that:

(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 3/6

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 everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

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To

1. The Judicial Magistrate-I, Virudhachalam

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

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.17504 of 2025 25.09.2025 6/6