L.Velu v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.09.2025
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.21357 of 2025
1. Velu ... Petitioner Vs.
The Inspector of Police, T-15, Kanagi Nagar Police Station, Chennai.
... Respondent (Cr.No.456 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of their arrest in Crime No.456 of 2022 on the file of the respondent police. For Petitioner : Mr.Venkateswaran Kanniappan For Respondent : Mr.S.Udaya Kumar, Government Advocate (Crl.Side)
ORDER
The petitioner apprehends arrest for the alleged offence under Sections 465, 468, 471, 406, 420 and 506(i) of IPC in Cr.No.456 of 2022, on the file of the respondent police seeks anticipatory bail.
2. The allegation against the petitioner is that, while working under 1/5
the defacto complainant, diverted funds to the extent of Rs.7.85 lakhs and thereby misappropriated the same. Hence, the present case.
3. The learned counsel appearing for the petitioner submitted that the allegations are false and that the defacto complainant had already initiated proceedings under Section 138 of the Negotiable Instruments Act against the petitioner, which have since been disposed of. He further submitted that the present case pertains to the year 2022. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the present case was registered in the year 2022 and the investigation is still pending. Hence, he strongly opposed the grant of anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the nature of the allegations, the pendency of the case since 2022, and the fact that other legal proceedings between the parties have already been concluded, I am 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 2/5
the date on which the order copy made ready, before the learned Judicial Magistrate-II, Alandur 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 learned Magistrate concerned, and on further condition that:
(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 report before the respondent police everyday 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 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 3/5
P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
26.09.2025 Vv To
1. The Judicial Magistrate-II, Alandur.
2. The Inspector of Police, T-15, Kanagi Nagar Police Station, Chennai.
3.The Public Prosecutor High Court of Madras, Chennai 600 104.
K.RAJASEKAR , J.
Vv 4/5
Crl.O.P.No.21357 of 2025 26.09.2025 5/5