R.Balaji v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2025 Coram:

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI R.Balaji ... Petitioner Vs.

The State rep. by The Inspector of Police C.B.C.I.D.

Salem District (Crime No.03 of 2025) ... Respondent Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail to the petitioner in the event of arrest or on his appearance before any Court in connection with the case in Crime No.03 of 2025 pending investigation. For Petitioner : Mr.M.Guruprasad For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 419, 465, 468, 471, 420 of IPC and Section 66D of Information Technology Act, 2000 and Section 3 read with 5 of Emblems & Names (Prevention of Improper use) Act, 1950, in Crime No.03 of 2025 on the file of respondent police, seeks anticipatory bail.

2. The case of the prosecution is that one Ayyamperumal gave an information to RBI stating that some unidentified persons collecting amount from the public to give money to the officers of RBI for releasing certain funds received from the Central Government for sale of iridium copper and based on the information, the Assistant General Manager, RBI lodged a complaint. Hence, this case.

3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case as if the petitioner also collected money. He also submitted that the accused based on whose confession the petitioner was implicated, has already been released on bail. Hence, he prays to grant

anticipatory bail to the petitioner.

3. The learned Government Advocate (Crl. Side) appearing for the respondent police raised objections reiterating the prosecution case and submitted that there are totally 23 accused in this case and the petitioner has been arrayed as A22. The petitioner has also collected money from the public.

4. It is seen that only three persons have been named in the FIR. The petitioner has been arrayed as A22. Some of the accused were already arrested and also released on bail. Further, the accused who implicated the petitioner has also been released on bail.

5. Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate No.4, Salem on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties out of which, one surety must be a blood related surety, each for

a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police on every Tuesday and Saturday at 10.30 a.m. for the period of three months. The petitioner is also directed to co-operate for the investigation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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)AIR SCW 5560].

[f] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

11.09.2025 ksa-2 Index:Yes/No Speaking/Non-speaking order To 1.The Judicial Magistrate No.4 Salem 2.The The Inspector of Police C.B.C.I.D.

Salem District

3. The Public Prosecutor, High Court, Madras, Chennai

T.V.THAMILSELVI J.

ksa-2 11.09.2025