Sathishkumar Sagadevan v. State Rep By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.23571 of 2025 Sathishkumar Sagadevan ... Petitioner Vs.

State rep.by The Inspector of Police, R-6, Kumaran Nagar Police Station, Chennai.

... Respondent (Cr.No.162 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 his arrest in Cr.No.162 of 2025 on the file of the respondent police. For Petitioner : Mr.S.Silambarasan For Respondent :

Mr.S.Udayakumar, Government Advocate (Crl.Side)

O R D E R

The petitioner, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 316(2) and 318(4) of BNS in Crime No.162 of 2025, on the file of the respondent Police, seeks anticipatory bail.

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2. The petitioner, herein along with other accused conspired to cheat persons in financial distress by promising to arrange loan for 2% commission and had cheated the defacto complainant receiving by receiving Rs.16,00,000/- for arranging loan of Rs.8,00,00,000/-. In the said transaction, promissory notes and documents were obtained by one of the accused by name Banu Chander under whom, this petitioner was working and also co-conspirator in the crime.

3.The learned counsel appearing for the petitioner submits that the petitioner is only an employee and no transaction was made and no money was transferred to this petitioner. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. However, the learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that it is a scheme of crime designed by all the four accused persons, in which, loan promised and Rs.16,00,000/- received as commission without any service and intention of cheating from the inception well found in the case. Hence, he opposed to grant bail to the petitioner.

5. By way of reply, the learned counsel appearing for the petitioner 2/6

submits that the prime accused granted bail on condition to deposit Rs.6,00,000/- to the credit of crime account.

6. Taking note of the said fact, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is directed to deposit a sum of Rs.6,00,000/- [Rupees Six Lakhs Only] to the credit of Crime No.162 of 2025 before the trial Court, on such deposit and production of proof, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on or before 10.09.2025, before the learned Metropolitan Magistrate-XXIII, Saidapet, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties, each for a like sum to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that [a] if the petitioner fails to surrender before the concerned Magistrate on or before 10.09.2025, this order shall stand automatically cancelled;

[b] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety 3/6

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 petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 26.08.2025 Vv To 1.The Metropolitan Magistrate-XXIII, Saidapet, Chennai 4/6

2. The Inspector of Police, R-6, Kumaran Nagar Police Station, Chennai.

3. The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J.

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Crl.O.P.No.23571 of 2025 26.08.2025 6/6