Vijay @ Vijayakumar v. The State By, The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.30265 of 2025 R.Vijay @ Vijayakumar ... Petitioner

Versus

The State by, The Deputy Superintendent of Police, Economic Offences Wing - II - CID, Kancheepuram, Kancheepuram District.

(Crime No.02 of 2019) .. Respondent Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on bail in the event of arrest by the respondent police in connection with C.C.No.06/2025 pending on the file of the Special Court under TNPID Act, Chennai.

For Petitioner :

Mr.M.Raja For Respondent :

Mr.S.Udaya Kumar, Government Advocate (Crl. Side)

O R D E R

The petitioner, who apprehends arrest by the respondent police for the offences punishable under Sections 420, 409, 109 and 120(b) of IPC, Section 5 of the TNPID Act, 1997, and Section 21(1)(2)(3) and 23 of the 1/6

BUDS Act, in C.C.No.06 of 2025 pending on the file of the Special Court, Tamilnadu Protection of Interest of Depositors Court, City Civil Court Campus, Chennai.

2.The case of the prosecution is that, the petitioner herein is one of the Independent Representative of the Accused No.1 company, which colluded with other accused and influenced more than 190 depositors, and thereby collected a sum of Rs.5,63,63,286/- from them and thereafter, failed to repay the amount back to the depositors. Based on a complaint received from one of the depositors namely M.Rameshwari, the respondent police registered a case in Crime No.02 of 2019. Subsequently, the case was investigated and final report was filed in C.C.No.06 of 2025 pending on the file of the Special Court under TNPID Act, 1997, Chennai. The allegations against this petitioner/A-5 is that he received the money/deposits from the independent representative and the said amount was partially deposited in A-2 Proprietary Concern.

3. The learned counsel appearing for the petitioner submitted that the co-accused filed an anticipatory bail application in Crl.OP.No.26847 of 2025 before this Court and the same was allowed on 06.10.2025. He further submitted that the petitioner is ready to abide by any conditions that 2/6

may be imposed by this Court and sought for anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent, while opposing the anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that A1 company had cheated their depositors by collecting money as deposits, issuing e-coupons from the amounts collected and delivering substandard products. He also submitted that already a detailed investigation is conducted by examining witnesses and charge sheet has been filed before the Trial Court and the Trial Court on perusal of the same, took cognizance of the case and NBW issued against the petitioner and other accused.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case and the fact that the investigation was completed and charge sheet was already filed and that the co-accused was already granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period 3/6

of fifteen (15) days from the date of receipt of a copy of this order before the learned Special Court, Tamilnadu Protection of Interest of Depositors Court, City Civil Court Campus, Chennai, 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 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 Trial Court concerned on all hearing dates without fail; (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 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 4/6

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.

06.11.2025 drl To 1.The Special Court, Tamilnadu Protection of Interest of Depositors Court, City Civil Court Campus, Chennai,

2. The Deputy Superintendent of Police, Economic Offences Wing - II - CID, Kancheepuram, Kancheepuram District.

3.The Public Prosecutor, High Court, Madras.

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K.RAJASEKAR, J.

drl CRL.O.P.No.30265 of 2025 06.11.2025 6/6