Venkat Krishnan v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-12-2024
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 30925 of 2024 S.Venkat Krishnan ..Petitioner(s) /A1 Vs The State Rep By Its The Inspector Of Police, CCB-I, Chennai Crime No. 211 of 2024.
..Respondent(s) Criminal Original Petition filed u/s. 482 of BNSS Act, 2023 praying to enlarge the petitioner on anticipatory bail in the event of their arrest by the respondent police in Crime No. 211 of 2024 on the file of the respondent police.
For Petitioner(s): Mr.P. Chinnadurai For Respondent(s): Mr.S.Santhosh Government Advocate [Criminal Side] --
ORDER
Apprehending arrest in connection with Crime No.211 of 2024 registered for the offences punishable under Sections 409 and 420 of IPC, 2023, the present petition has been filed seeking anticipatory bail. Page No.1 of 6
2. The case of the prosecution as per the de-facto complainant is that the petitioner/A1, who is an erstwhile partner in Drawing Designs Private Limited, had siphoned off the funds to the tune of Rs.1,39,61,350/- and later, he has also spoiled the name of the de-facto complainant and also threatened the de-facto complainant along with henchmen. Hence the complaint.
3. Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seeks indulgence of this Court. He further submits that the petitioner and the de-facto complainant were partners, doing business altogether and later, the petitioner/A1 had come out from the partnership firm and started separate new company engaged in new interior work and thereby due to business motive, the defacto complainant has given false complaint against the petitioner/A1. He would further submits that the respondent had issued summons to the petitioner for enquiry and the petitioner had appeared for enquiry. He would further submit that the petitioners are ready to abide by any stringent Page No.2 of 6
condition that may be imposed by this court.
4. The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the erstwhile partner/A1 had cheated the de-facto complainant to the tune of Rs..1,39,61,350/-. However, summons were issued by the respondent police to the petitioner for enquiry and the investigation is pending and therefore, he would object for grant of anticipatory bail to the petitioner.
5. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and accordingly, they are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Metropolitan Magistrate, Special Court for CCB & CBCID, Egmore, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like Page No.3 of 6
sum to the satisfaction of the respondent Police or the Police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that:
[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the petitioner and the sureties shall affix his 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;
[c] the petitioner shall report before the respondent Police everyday at 10.30 a.m for a period of two weeks and thereafter, every Saturday at 10.30 am until further orders; [d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] the petitioner shall not abscond either during investigation or trial;
[f] On breach of any of the aforesaid conditions, the 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 Page No.4 of 6
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];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
11.12.2024 MSM To The Inspector Of Police, CCB-I, Chennai Crime No. 211 of 2024.
2.The Public Prosecutor, High Court, Madras.
Page No.5 of 6
A.D.JAGADISH CHANDIRA , J.
MSM Crl.O.P.No.30925 of 2024 11.12.2024 Page No.6 of 6