Rajasekaran v. The State Represented By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.31143 of 2024

1. Vijay Babu Madhavan

2. Chellamal Ramaswamy ... Petitioners

Versus

State Rep by Inspector of Police, Central Crime Branch Team-1, Coimbatore.

Crime No.80 of 2024.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, praying to enlarge the petitioners on bail in the event of their arrest pending investigation in CCB Team-I, Coimbatore in Cr.No.80 of 2024 on the file of the Respondent Police. For Petitioners : Mr.S.Silambarasan For Intervenor : Mr.M.Nagaraj For Respondent : Ms.J.R.Archana 1/6

Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest for the alleged offence under Sections 409, 420 and 120B of IPC in Crime No.80 of 2024, on the file of the respondent police seek anticipatory bail.

2. The allegation against the petitioners is that they have received Rs.6.31crores worth of seeds from the defacto complainant and failed to repay the money for the same. Subsequently, the case has been registered against the petitioner. Hence, the present case.

3. The learned counsel appearing for the petitioners submitted that though it is true that they have received the seeds, worth about Rs.6.31crores and they have in turn, sold it to various parties. It is alleged that the same is substandard. Hence, they were not able to get money back, which resulted in 2/6

lodging the complaint. He further submitted that it is a case of non payment of money from the goods supplied, and same is civil transaction. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and reported that there are three accused involved in this case. The petitioners herein are ranked as A2 and A3, they have collected seeds worth about Rs.6.31crores and without paying the money, they have swindled the same. He further submitted that investigation is pending and opposed to grant anticipatory bail to the petitioners.

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

6. It is alleged that huge value of the products has been received by the petitioner and failed to return back the money and since they defaulted the payment of money and same is attempted to be collected by way of filing criminal complaint, I am of the view that the custodial interrogation of the petitioners is not necessary for the purpose of investigation of this case. 3/6

Hence, I am inclined to grant anticipatory bail to the petitioners, subject to certain conditions

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned Judicial Magistrate-VII, Coimbatore on condition that each of the petitioners shall execute separate bonds for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that: (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 4/6

one of identify proofs to ensure their identity; (c) The petitioners 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 anticipatory 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 Act.

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To

1. The Judicial Magistrate-VII, Coimbatore

2. TheInspector of Police, Central Crime Branch Team-1, Coimbatore.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.31143 of 2024 7/6

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