Vijayakumar v. State Rep By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.12.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO. 30181 of 2025 Vijayakumar Petitioner/A5 Vs The State rep. by The Inspector of Police CBCID Police Station Krishnagiri District Crime No. 02 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 his arrest pending investigation in Cr.No. 02 of 2025 on the file of the respondent police.

For Petitioner : Mr.S.Esakkimuthu For Respondent : Mr.J.R.Archana Government Advocate (Criminal Side) ----

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 419, 465, 468, 471, 420 of IPC and 66D of Information Technology Act, r/w Section 5 of Emblems & Names (Prev of Improper Use) Act, 1950 in Crime No. 02 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1/6

2. The allegation against the petitioner is that the petitioner is ranked as A5. The petitioner herein joined hands with other accused collected a sum of Rs.31,00,000/- from the de-facto complainant under the pretext of getting "High Returns" of Rs.6.5 Crores in foreign currency which could be shared among themselves. Hence the complaint was lodged.

3. The learned counsel for the petitioner submits that the petitioner collected a sum of Rs.1,00,000/- from one of the victims and the same was also paid to A1's bank account. In this case, the petitioner has not collected any money or benefited. He further submits that the petitioner has also produced the receipt for depositing the money. He also submits 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 respondent police, reiterated the prosecution case and submits that the petitioner collected a sum of Rs.1,00,000/- from one of the victims and he has also involved in the crime and has also arrayed as an accused. However, he opposed for grant of anticipatory bail to the petitioner. 2/6

5. Heard the learned counsels and perused the materials available on record.

6. Considering the fact that a specific allegation against the petitioner is that he collected a sum of Rs.1,00,000/- from the de-facto complainant and he has voluntarily come forward to deposit the same to show his bonafide, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. 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 Judicial Magistrate No.I, Krishnagiri, 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 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 from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

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[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] that the petitioner shall deposit a sum of Rs.1,00,000/- [Rupees One Lakh Only] to the credit of Crime No. 02 of 2025 on the file of respondent police [d] that the petitioner shall report before the respondent Police daily at 10.30 a.m for a period of three weeks and thereafter, as and when required for interrogation;

[e] 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 03.12.2025 4/6

To 1.The State rep. by The Inspector of Police CBCID Police Station Krishnagiri District Crime No. 02 of 2025.

2.The Judicial Magistrate No.I, Krishnagiri.

3. The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

MSM Crl.O.P.No. 30181 of 2025 03.12.2025 6/6