Sathish Kumar v. State Rep. By The 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.31192 of 2025 Sathish Kumar ... Petitioner Vs.

State Rep. by, The Inspector of Police, CBCID - North, Salem, Salem District.

Crime No.2 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.2 of 2025 on the file of the respondent police. For Petitioner :

Mr.W.Camyles Gandhi For Respondent :

Ms.J.R.Archana, Government Advocate (Criminal Side).

O R D E R

The petitioner herein apprehending arrest at the hands of the respondent police for the offences punishable under Sections 465, 468, 471, 420 & 120(B) of IPC in Crime No.2 of 2025, on the file of the respondent Police, seeks anticipatory bail.

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2. The case of the prosecution is that the accused Nos.1 to 3 were doing business together and they induced the defacto complainant that they had entered into an agreement with a foreign company called British Metal to sell Iridium and if they sell, they will get several crores of money and accordingly based on the misrepresentation, A1 to A3 cheated the defacto complainant to tune of Rs.45,00,000/- and the petitioner being A4 is alleged to have been implicated in this case. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that the other accused used the petitioner's account. He is not the friend of the defacto complainant. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl Side) would submit that the accused Nos.2 & 3 are still in custody. This petitioner's account is being used for payment of Rs.5,00,000/-. Hence, he opposed to grant anticipatory bail to the petitioner.

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

6. It is seen that the petitioner has received the amount of Rs.5,00,000/- and the said amount was paid in the year 2021 and this amount was once 2/6

again returned by the first accused in this case. Considering the same, 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 ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate - IV, Salem, 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 that:

[a] if the petitioner fails to surrender before the concerned Magistrate within a period of ten days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

[b] the sureties shall affix his 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 his identity;

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[c[ the petitioner is directed to deposit a sum of Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand only) to the credit of the Crime No.2 of 2025 within a period of two weeks from the date of receipt of a copy of this order.

[d] the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of four 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. 20.11.2025 kmm 4/6

To

1. The Judicial Magistrate - IV, Salem.

2. The Inspector of Police, CBCID - North, Salem, Salem District.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

kmm Crl.O.P.No.31192 of 2025 20.11.2025 6/6