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Madras High CourtCRL OP/32151/2025granted

Nimal Varshaan v. The State Rep By Its Inspector Of Police

2025-11-25Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.32151 of 2025 Nimal Varshaan ... Petitioner Vs.

The State Rep by Inspector of Police, CCB, Avadi Police Station, Avadi City.

... Respondent (Cr.No.54 of 2024) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on anticipatory bail in the event of arrest in connection with Cr.No.54 of 2024 pending investigation on the file of the respondent police. For Petitioner : Mr.R.Sankarasubbu For Respondent : Mr.S.Udaya Kumar Government Advocate

ORDER

The petitioner, who apprehends arrest for the alleged offence under 1/5

Sections 406, 417, 465, 467, 468, 420 and 511 of IPC in Cr.No.54 of 2024, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioner, in collusion with the other accused, fabricated a demand draft for a sum of Rs.1.47 crores, and when they attempted to encash the same, the bank lodged a complaint, pursuant to which A1 was arrested. Hence, the present petition.

3. The learned counsel for the petitioner submitted that the petitioner is arrayed as A2 and that there is no specific overt act attributed to him. He further submitted that the petitioner has been falsely implicated in this case. He also submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and therefore prayed for grant of anticipatory bail.

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4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that a total of four accused are involved in this case. He further submitted that the investigation has been completed and the final report has been filed, though it is yet to be taken on file. Hence, he vehemently opposed the grant of anticipatory bail.

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

6. Considering the fact that the investigation has been completed and the final report has already been filed, I am inclined to grant anticipatory bail to the petitioner, subject to 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 (15) days from 3/5

the date on which the order copy made, before the learned Judicial Magistrate-I, Poonamalle 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 learned Magistrate concerned, and on further condition that:

(a) If the petitioner 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 4/5

actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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.

25.11.2025 Vv To

1. The Judicial Magistrate-I, Poonamalle

2. The Inspector of Police, CCB, Avadi Police Station, Avadi City.

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

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K.RAJASEKAR , J.

Vv Crl.O.P.No.32151 of 2025 25.11.2025 6/5