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Madras High CourtCRL OP/25224/2025granted

K.Dineshmani v. The State Rep Its By, The Inspector Of Police (Crime),

2025-09-23Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.No.25224 of 2025 and Crl.M.P.No.17954 of 2025 K.Dineshmani ... Petitioner Vs.

State Rep.its by The Inspector of Police,(Crime) J-7, Velachery Police Station Velachery, Chennai-600 042.

(Crime No.Not Known of 2025) ... 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 the arrest in Crime No.Not Known of 2025 on the file of the respondent Police.

For Petitioner : Mr.P.G.Kugan For Respondent : Mr.S.Udayakumar Government Advocate (Crl.Side) For Intervenor : Mr.S.Mohammed Madhar

O R D E R

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The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 351(1) & 318(4) of BNS, in Crime No.Not Known of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation is that the petitioner promised to get the Government contract and received a sum of Rs.64,29,310/- and failed to get contract and cheated the defacto complainant. Hence, the case.

3. The learned counsel for the petitioner submitted that during previous Government, the petitioner had a good relationship with the defacto complainant and there are money transactions between them. Suppressing the various money transactions, a complaint has been lodged by the defacto complainant. He further submitted that they used to get contract through the petitioner herein and the petitioner earlier helped them for obtaining a contract. He further submitted 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 2/6

respondent police reported that a case has been registered in Crime No.504 of 2025 for the offence under Sections 318(4) & 316(2) of BNS. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the fact that the allegation itself is an arrangement of contract for the parties and the allegation is not sustainable since the allegations that the petitioner promised to avail the contract for the defacto complainant from Government is possible only through illegal means, and the contract of defacto complainant is also not appreciable, 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 Metropolitan Magistrate Court, Saidapet, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 3/6

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 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 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.

7. Consequently, connected Miscellaneous Petition is also ordered.

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23.09.2025 dna To 1.The Metropolitan Magistrate Court, Saidapet. 2.The Inspector of Police,(Crime) J-7, Velachery Police Station Velachery, Chennai-600 042.

(Crime No.Not Known of 2025) 3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

dna Crl.O.P.No.25224 of 2025 and Crl.M.P.No.17954 of 2025 23.09.2025 6/6