K.Parthasarathy v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN K.Parthasarathy S/o.Karunanithi, No.38, Ismail Ground, Lioyds road, Triplicane, Chennai-600 005.
..Petitioner(s) Vs State represented by:
The Inspector of Police, E-2 Royapettah Police Station, [Cr.No.49/2026] ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the pettioner A-3, on anticipatory bail in the event of his arrest at the hands of the respondent police in Cr.No.49 of 2026 FIR dated 12.03.2026 pending investigation on the file of respondent police, E-2 Royapettah Police station, Chennai district. For Petitioner(s):
M/S. R.Varadharajan For Respondent(s):
Ms.R.S.Indira, Government Advocate (Criminal side)
ORDER
The petitioner, who apprehends arrest for the alleged offences under Sections 318(4), 316(2) of B.N.S. and Section 76(1) of Chit Fund Act in Crime No.49 of 2026, on the file of the respondent police seeks anticipatory bail.
2. The case of the prosecution is that the petitioner is A3 and he along with 2 other accused, has collected Deepavali chit amount from various persons during the period from 05.11.2024 to 10.11.2025 and cheated to the tune of Rs.21 lakhs. Hence the case.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has nothing to do with the commission of offence as alleged by the prosecution. The learned counsel would further submit that this is the 2nd anticipatory bail petition and the earlier anticipatory bail petition was dismissed on 06.05.2026. He would further submit that investigation was completed and the co-accused were enlarged on bail and therefore, there is change in circumstances and the petitioner is ready and willing to abide by any condition that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.
4. At this juncture, the learned Government Advocate (Crl.Side) appearing for the respondent police objected to grant anticipatory bail to the petitioner stating that there are 12 victims and total amount cheated is Rs.21 lakhs, however, he would fairly submit that the co-accused were already released on bail.
5. Heard the submissions made by the learned counsel on either side and perused the materials available on record.
6. From the submissions made by the learned Government Advocate, it is seen that the entire cheating amount is Rs.21 lakhs and there are about 12 victims. At this juncture, the learned counsel for the petitioner would submit that A1, who is the wife of this petitioner has already been released on bail and A2 was also enlarged on bail vide order passed in Crl. M.P. No.3386 of 2026. Therefore, considering the totality of circumstances, enlargement of the coaccused on bail and upon the fact that since the FIR was registered on 12.03.2026, at this length of time, custodial interrogation of the petitioner is not required, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions:
7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned XVIII Metropolitan Magistrate, Saidapet, Chennai 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 of the learned Magistrate concerned, and on further conditions:
(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, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;
(c) The petitioner shall sign before the respondent police daily at 10.30 a.m. and 5.30 p.m. for a period of two weeks and thereafter as and when required by the investigation officer 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
22-06-2026 MJS
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 the official website of this Court will be watermarked and will also have a QR code.
To
1. The XVIII Metropolitan Magistrate, Saidapet, Chennai.
2. The Inspector of Police, E-2 Royapettah Police Station, Chennai.
3. The Public Prosecutor, High Court of Madras.
C.KUMARAPPAN, J.
MJS 22-06-2026