Sankar Ganesh v. The State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-11-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR Sankar Ganesh Petitioner(s) Vs
1. The State represented by Inspector of Police, DCB Erode, Erode District. Crime No.14 of 2025 Respondent(s) 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 by the Respondent Police pending investigation in Crime NO.14 of 2025 on the file of the Respondent Police and thus render justice. For Petitioner(s):
Mr.D.Padmanabhan For Respondent(s):
Mr.L.Baskaran Government Advocate (Crl.side)
ORDER
The Petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 120B, 405, 406, 420, 464, 465, 468,
470, 471 of IPC in Crime No.14 of 2025, on the file of the respondent police, seeks anticipatory bail.
2.The allegation against the petitioner is that the petitioner is ranked as A3 and he is associate of A1 and it is alleged that A1 who used to conduct certain poojas for various persons and accordingly taking advantage of this, he induced the defacto complainant to invest Rs.2 Crores in the firm run by A5 and accordingly he deposited the amount and in return he has been paid part of the amount and the remaining amount has been misappropriated by A1 and other accused. Hence, the case.
3.The learned counsel for the petitioner submitted that the petitioner has not collected any money and even in the FIR, it is very clear that the petitioner has not collected any money and since he is associate of A1 and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl.Side) reported that on the instructions of A1 the defacto complainant come forward to deposit Rs.2 Crores and also Rs.1 Crore to A5. Hence, in this regard, complaint has been lodged and investigation revealed that this petitioner is also associate of A1 and opposed to grant anticipatory bail.
5.I have also gone through the FIR and it revealed that it is specifically stated that the money was paid in the presence of the petitioner and memorandum of understanding regarding repayment was also entered. However, no amount has been paid by the persons who receive the money. It is also stated that this petitioner has not collected any money. Under the said circumstances, I am of the view that the petitioner is entitled for the grant of anticipatory bail, this Court is inclined to grant bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his executing 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 Judicial Magistrate No.II, Erode and on further conditions 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 respondent police everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness 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 down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
26-11-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The State represented by Inspector of Police, DCB Erode, Erode District. Crime No.14 of 2025 2.The Judicial magistrate-II, Erode.
3.The Public prosecutor, High Court of madras.
K.RAJASEKAR J.
gbi CRL OP No. 32340 of 26-11-2025