Karthick v. State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.No.20955 of 2025 1.Karthick

2. Saranya 3.Chandrika ... Petitioners Vs.

State Rep by The Inspector of Police, Anupparpalayam Police Station, Tiruppur District.

... Respondent (Cr.No.376 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of their arrest by the respondent police pending investigation in Cr.No.376 of 2025 on the file of the respondent police. For Petitioners : Mr V.Muthupandi For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side)

O R D E R

The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 318(4) of BNS Act, 2023 and Section 4(1) and 76(1) of the Chit Funds Act, 1982 and Section 4 and 1/6

5(a) of Prize Chit and Money Cir. Schemes (Banning) Act, 1978 in Crime No. 376 of 2025, on the file of the respondent Police, seeks anticipatory bail. 2.The allegation against these petitioners is that the petitioners were running unregistered chit funds in which the defacto complainant invested some amount and when the defacto complainant demanded back the chit amount paid, the petitioners failed to return the money thereby, cheated the defacto complainant. Hence, the case

3. The learned counsel for the petitioners submits that the petitioners are innocent persons and they have been falsely implicated in this case. He further submits that already there was exchange of notices and the cheque was also issued in favour of the defacto complainant. He also submits that the petitioners are ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for their release. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that the total amount involved in this case is Rs.4.5 lakhs. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsels and perused the materials available on 2/6

record.

6. Considering the facts and circumstances of the case, submissions made by learned counsels on either side, on perusal of the records, it is found that there has already been exchange of notices in which there is a reference about the issuance of cheque by the petitioners in favour of the defacto complainant and the same was dishonoured. It is also noted that notice was also served and there is a likelihood of filing a criminal complaint under Section 138 of NI Act. In view of the same, 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 their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-III, Tiruppur on condition that the petitioners shall execute a separate 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 condition that: (a) If the petitioners fails to surrender before the concerned Magistrate, within a period of fifteen days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

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[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 one week 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 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. 09.10.2025 nr To 4/6

1.The Judicial Magistrate-III, Tiruppur

2. The Inspector of Police, Anupparpalayam Police Station, Tiruppur District.

3. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR , J.

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Crl.O.P.No.20955 of 2025 09.10.2025 6/6