S. Tirunavukarasu v. The State Rep. By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-09-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO. 24907 of 2025 S.Tirunavukkarasu

...Petitioner/A4

Vs The State rep. by The Inspector of Police Pallavaram Police Station Tambaram, Chennai, Crime No. 526 of 2022.

Respondent 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 pending investigation in Cr.No.526 of 2022 on the file of the respondent police.

For Petitioner : Mr.Balachandran T.

For Respondent : Mr.S.Udayakumar Government Advocate (Criminal Side) ----

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406, 420 and 506(i) of IPC in Crime No. 526 of 2022 on the file of the respondent Police, seeks anticipatory bail.

2.The allegation of the petitioner is that the petitioner along with 1/6

others had received a sum of Rs.27,50,000/- as brokerage commission from the de-facto complainant by constructing 50 houses for TNSTC Labourers Union. After receiving the aforesaid amount, the petitioner and others had failed to construct the houses and repay the aforesaid amount. Hence the case.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has been falsely implicated in this case. He further submits that the co-accused had already granted anticipatory bail by this Court in Crl.O.P.No. 17644 of 2025, dated 27.06.2025. He further submits that the petitioner is ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for his release. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that the petitioner and others had received a sum of Rs.27,50,000/- from the de-facto complainant by constructing 50 houses for TNSTC Labourers' Union. Thereafter, the petitioner and others had failed to repay the said amount and 2/6

construct the houses. He further submits that the co-accused had already granted anticipatory bail in Crl.O.P.No. 17644 of 2025, dated 27.06.2025. However, he opposed for grant of anticipatory bail to the petitioner. 5.On perusal of records, it reveals that this Court had already granted anticipatory bail to the co-accused A1 to A3, by order dated 27.06.2025 in Crl.O.P.No.17644 of 2025 with certain conditions. Subsequently, the coaccused filed Crl.M.No.14506 of 2025 seeking to modify the conditions and the same was modified by order dated 25.07.2025 in Crl.M.P.No.14506 of 2025.

6. Heard the learned counsels and perused the materials available on record.

7. Considering the facts and circumstances of the case and the submissions made by learned counsels on either side and the co-accused had already granted anticipatory bail by order dated 27.06.2025, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of 3/6

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, Pallavaram, Chennai, 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 of the learned Magistrate concerned and on further condition that:- (a) If the petitioner 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;

[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 petitioner shall report before the respondent Police at 10.30 am for a period of two 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 petitioner in 4/6

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. 18.09.2025 MSM To 1.The Inspector of Police T-15, SRMC Police Station Iyyappanthangal, Chennai.

Cirme No. 733 of 2022.

2.The Judicial Magistrate, Pallavaram, Chennai,

3. The Public Prosecutor, High Court of Madras. K.RAJASEKAR , J.

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