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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR

1. M.Lakshmi

2. R.Mani ... Petitioners Vs.

State By, The Inspector of Police, F-1, Chintadaripet Police Station, Chintadaripet, Chennai 600 002.

Crime No.275 of 2024 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.275 of 2024 on the file of the respondent police.

For Petitioner :

Mr.Mohamed Noohu For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side) 1/6

O R D E R

The petitioners herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420 and 34 of IPC in Crime No.275 of 2025, on the file of the respondent Police, seek anticipatory bail.

2. The allegation against the petitioners is that the petitioners is the owner of the building and they come forward to let out first floor in favour of the defacto complainant and collected a sum of Rs.7 lakhs as advance and subsequently, they have not modified the building as per the request of the defacto complainant for setting up clinic and therefore, there was a dispute and when the defacto complainant demanded the money back, the petitioners have issued cheques and the same was dishonored. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that, in the year 2012, criminal complaint was registered and the case was investigated and suppressing the same, present complaint has been lodged. He further submitted that the petitioner is ready to abide by any stringent condition. Hence, he prayed for grant of anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that, petitioners received a sum of Rs.7 lakhs and subsequently not repaid and not even come forward to lay out the place for the defacto complainant. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsels on either side and perused the materials available on record.

6. Considering the nature of allegations and the fact that the transaction has been in the year 2012, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions:

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned XIVth Metropolitan Magistrate Court at Egmore, Chennai on condition that each of the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 3/6

Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that: [a] if the petitioners fails to surrender before the concerned Magistrate within a period of ten 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 the identity proofs to ensure their identity;

[c] the petitioners shall report before the respondent police daily at 10.30.a.m., for a period of three weeks and thereafter as and when required for interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners released on bail by 4/6

the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 27.10.2025 sma To 1.The XIVth Metropolitan Magistrate Court, Egmore, Chennai.

2.The Inspector of Police, F-1, Chintadaripet Police Station, Chintadaripet, Chennai 600 002.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

sma 27.10.2025 6/6