Ashokan v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Ashokan ... Petitioner Vs.

State By, The Inspector of Police, District Crime Branch, Vellore, Vellore District.

Crime No.8 of 2025.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.8 of 2025 on the file of the respondent police.

For Petitioner :

Mr.K.Srinivasan Senior Advocate for Mr.Vinodh Kumar For Respondent :

M/s.J.R.Archana Government Advocate (Crl. Side) For Intervenor :

M/s. A.S.Neela Narayani

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420, 465, 466, 468, 471, 120(B) of IPC in Crime No.8 of 2025, on the file of the respondent Police, seek anticipatory bail.

2. The allegation against the petitioner is that the petitioner while working as a Branch Manager in the defacto complainant's private bank, he colluded with other accused and issued loans to various persons by fabricating the records and cheated the defacto complainant to the tune of Rs.62,71,950/-. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is ranked as A7 and he has only processed loan application belongs to one Lokeshwari and the loan was disbursed to the range of Rs.6.25 lakhs and the said loan was also repaid and the MoD also created, for securing loans and there is no fabrication of records as alleged and prays to grant anticipatory bail.

4. The learned counsel appearing for the defacto complainant/intervenor submitted that, the loan was advanced to various persons, however no property has been mortgaged in favour of the bank and thereby cheated the bank to the tune of Rs.62,71,950/-. Hence, he vehemently opposed for grant of anticipatory bail tot he petitioner.

5. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the investigation in this case is pending. Hence, he opposed for grant of anticipatory bail to the petitioner.

6. It is not the case of default of payment of loan amount and also it is not the case of misappropriation and it is a case of submission of fabricated records for availing loan. It is alleged that the petitioner herein with the help of various bank officials, processed loan to the tune of Rs.6,60,000/- in favour of one Lokeshwari and further some of the arrested accused has been released on bail. Considering the overtact of the petitioner that he has only presented loan application without properly verifying 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, Gudiyatham on condition that each of 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 fifteen 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 the identity proofs to ensure their identity;

[c] the petitioner shall report before the respondent police daily at 10.30.a.m., for a period of two weeks and thereafter as and when required for interrogation;

[d] 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];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 17.12.2025 sma To 1.Judicial Magistrate, Gudiyatham.

2.The Inspector of Police, District Crime Branch, Vellore, Vellore District.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

sma 17.12.2025