L Rajasekar v. State Through The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN L Rajasekar S/o.Late.M.L.S.Lakkanan, Flat No. 20416, 12th Floor, Tower 20B, Prestige Bella Vista, PH Road, Iyyappanthangal, Chennai ..Petitioner(s) Vs State Through the Inspector of Police, S8,Adambakkam Police Station, Adambakkam, Chennai - 600 088.

..Respondent(s) Criminal Original Petition filed under Section 482 of BNSS, praying to enlarge the petitioner on bail in Cr.No.Not Known to him under section 316(2),316(5) and section 318(4), of BNS, against him for allegedly committing breach of trust and cheating on the file of the Inspector of Police, S8, Adambakkam Police Station, Chennai.

For Petitioner(s):

M/S. M.Ramamoorthi For Respondent(s):

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

ORDER

The petitioner, who apprehends arrest for the alleged offence under Sections 316(2), 316(5) and 318(4) of BNS, 2023 in Crime No.Not known of 2026 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioner allegedly cheated the de facto complainant by falsely promising to secure overseas employment. Hence, a case has been registered.

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. He would further submit that the de facto complainant, having paid the amount directly to the Consultancy viz., M/s.Trivial Chapter, has given a false complaint against the petitioner. 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 the amount which has been received by this petitioner is Rs.5,65,000/- and that there is no previous case against the petitioner.

However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the above facts and circumstances of the case and taking note of the fact that there is no previous bad antecedents against the petitioner, this Court is of the view that the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. 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 Judicial Magistrate-II, Alandur, Chengalpattu District, 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.

7.This Criminal Original Petition is ordered accordingly. 29-06-2026 KMI To 1.The Judicial Magistrate No.II, Alandur, Chengalpattu District.

2.The Inspector of Police, S8,Adambakkam Police Station, Adambakkam, Chennai - 600 088.

3. The Public Prosecutor Madras High Court.

C.KUMARAPPAN, J.

KMI 29-06-2026