A.Subramanian v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR A.Subramaniyan ... Petitioner -vsState Rep by, The Inspector of Police, District Crime Branch, Kancheepuram.

(Crime No.2 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.2 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.A.Mohammed Muhsin For Respondent :

Mr.S.Udayakumar, Government Advocate (Crl. Side) ********** 1/6

ORDER

The petitioner, who apprehends arrest for the alleged offence punishable under Sections 420 and 34 of IPC in Crime No.2 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The allegation against this petitioner is that the petitioner joining hands with other accused and received a sum of Rs.45,00,000/- from the defacto complainant and failed to return back and cheated the defacto complainant. Hence this case.

3. The learned counsel appearing for petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution, and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner has ranked as A3. A1, A2 are currently absconding, so far no money is recovered. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the fact that the petitioner has not directly involved in the transactions, and this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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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 (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.1, Kancheepuram, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a) 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 daily at 10.30 a.m., for the period of three weeks and thereafter as and when requires for interrogation; (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 3/6

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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 31.10.2025 rna Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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To 1.The Judicial Magistrate No.1, Kancheepuram. 2.The Inspector of Police, District Crime Branch, Kancheepuram.

3.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

rna 31.10.2025 6/6