Thillaikarasan v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR and Crl MP No.19068 of 2025

1. Thillaikarasan 2.Chitra Petitioner(s) Vs The Inspector of police, Tambaram CCB Police Station, Tambaram City-CCBS. (Crime No. 5 /2025) Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners herein on Anticipatory bail in the event of their arrest or surrender before concerned court in Crime No. 5 of 2025 on the file of the respondent police. For Petitioner(s):

For Intervenor:

Mr.V. Arunkumar M/s.S.Surya for Dictum Law Firm For Respondent(s):

Mr.S.Udayakumar Government Advocate (Criminal Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 316(2), 318(4), 61(2), of BNS 2023 and 21(3), 22 of BUDS Act 2019, in Crime No.5 of 2025, on the file of the respondent Police, seek anticipatory bail.

2.The allegation against the petitioners is that they, in collusion with other accused, collected Rs.72 lakhs from the defacto complainant under the pretext of facilitating Government contracts, and subsequently cheated him. 3.The learned counsel for the petitioners submitted that the petitioners are the husband and mother-in-law of A1, that the majority of the allegations are against A1, and that the money transactions were routed through her account. A1 has already been arrested and released on bail. Hence, he prayed for the grant of anticipatory bail to the petitioners. 4.The learned counsel for the Intervenor submitted that a substantial amount was fraudulently obtained by the petitioners, who promised profits from Government contract work but cheated the defacto complainant. They issued a cheque for repayment, which was dishonoured.

5.The learned Government Advocate (Crl.side) for the respondent submitted that Rs.20 lakhs out of Rs.72 lakhs was paid into A3's (2 nd

petitioner's) account, she was aware of the transactions, and both the accused are absconding, impeding the investigation. Hence, he prayed for dismissal of the anticipatory bail application.

6.Heard the learned counsel on both sides and perused the materials available on records.

7.It is revealed that though A1 was arrested and released on bail, no money has been recovered. The 2 nd petitioner/A3 received Rs.20 lakhs from the defacto complainant. I am of the view that granting anticipatory bail to her would hamper investigation. As far as the 1 st petitioner/A2, it is stated that he collected only a small amount. Hence, I am inclined to grant anticipatory bail to the 1 st petitioner/A2, subject to the following conditions: st petitioner/A2 is ordered to be released on bail in

8. Accordingly, the 1 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 Special Judge st petitioner/A2 shall execute a bond for (TNPID Court) on condition that the 1 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,

failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] if the 1 st petitioner/A2 fails to surrender before the said Magistrate within a period of fifteen days, 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 1 st petitioner/A2 shall report before the respondent Police everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;

[d] the 1 st petitioner/A2 shall not abscond either during investigation or trial and he shall make himself available for interrogation by a Police Officer as and when required; [e] the 1 st petitioner/A2 shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;;

[f] the 1 st petitioner/A2 to give an undertaking that if

required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the 1 st petitioner/A2 in accordance with law as if the aforementioned conditions have been imposed and the 1 st petitioner/A2 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];

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

9. Accordingly, this Criminal Original Petition is dismissed for the 2 nd petitioner/A3.

28-10-2025 1/2 gbi

To 1.The Inspector of police, Tambaram CCB Police Station, Tambaram City-CCBS. (Crime No. 5 /2025) 2.The Special Judge (TNPID Court).

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 26311 of 28-10-2025