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Madras High Court/15428/2026granted

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

2026-06-24Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2026

CORAM

THE HON'BLE Mr.JUSTICE C.KUMARAPPAN Subramaniyan No.12 B Ponni Nagar, Chikkrayapuram, Seiperumbudur Kovur, Chennai -600122.

... Petitioner(s) Vs The State Rep By, The Inspector of Police T16 Semancherry Police Station, Chennai.

Crime No. 150 of 2026 ... Respondent(s) Criminal Original Petition filed under Section 482 of BNSS, 2023, praying to grant anticipatory bail in the event of his arrest by the respondent police in respect of Crime No.150 of 2026 on the file of Inspector of Police, T16 Semmancherry Police Station, Chennai pending investigation and thus render justice.

For Petitioner(s):

Mr.Chandru N For Respondent(s):

Mr.N.Palanivel, Govt.Advocate (Crl.Side) ******

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 296(b), 316 (2), 318(4) and 351(2) of BNS, 2023 in Crime No.150 of 2025 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that based upon the advertisement given by the petitioner, the de facto has invested a sum of Rs.25 lakhs. According to the prosecution, the petitioner has falsely induced the de facto complainant to invest such an amount. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that he is ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. 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, upon instructions, submitted that there is a loan transaction between the petitioner and the de facto complainant. Hence, he opposed to grant anticipatory bail to the petitioner.

5. While looking into factual position, according to the prosecution, the amount was paid on 23.01.2026 and the FIR came to be registered on 30.05.2026. From the submissions made by either side, there appears to be a loan transaction between the petitioner and the de facto complainant.

6. Considering the above facts and circumstances of the case, taking note of the submissions made by the learned counsel on both sides, this Court is 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 is made ready, before the learned District Munsifcum-Judicial Magistrate, Sholinganallur, 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 learned 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 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

8.This Criminal Original Petition is ordered accordingly. 24-06-2026 KMI To 1.The District Munsif-cum-Judicial Magistrate, Sholinganallur.

2.The Inspector of Police T16 Semancherry Police Station, Chennai.

3.The Public Prosecutor Madras High Court.

C.KUMARAPPAN, J.

KMI 24-06-2026