Rajivgandhi v. State Rep. By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-11-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
1. Rajivgandhi S/o.Kumarasamy, No.197, Manson Site Police, Quarters Greems Road, Thousand Light, Chennai-600006.
Petitioner(s) Vs
1. State rep. by, Inspector of Police, Arcot Town Police Station, Ranipet District. Crime No.405 of 2025 Respondent(s) PRAYER To enlarge the Petitioners on bail in the event of their arrest by the respondent police in Crime No.405 of 2025 and thus render justice. For Petitioner(s):
A.Logesh For Respondent(s):
Mr.S.Udayakumar Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 420 of IPC in Crime No. 405 of 2025, seeks anticipatory bail.
2. The allegation against the petitioner is that he collected a sum of Rs.9.48 lakhs from the de facto complainant with a promise to secure a seat in PSG College, Coimbatore. However, the petitioner failed to fulfill the promise. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the allegations are false, and the payment was made in the year 2018, and the complaint was lodged only in the year 2025. He further submitted that there is no money dispute, and civil matter has been given a criminal color. The petitioner is ready to abide by any condition imposed by this court. Therefore, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) would submit that the investigation in this case is pending and the petitioner has one previous case pending against him. Hence, he opposed to grant anticipatory bail to the
petitioner.
5. Considering the fact that the entire transactions took place in the year 2018 and the complaint was lodged only in the year 2025, 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 (15) days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Arcot, 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:
(a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) 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 identify
proofs to ensure their identity;
(c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];
(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
04-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mpa
To 1.District Munsif cum Judicial Magistrate, Arcot. 2.State rep. by, Inspector of Police, Arcot Town Police Station, Ranipet District. Crime No.405 of 2025 3.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR J.
mpa CRL OP No. 29873 of 04-11-2025