Rajiv Gandhi v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-12-2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL Rajiv Gandhi Petitioner(s) Vs State rep.by, The Inspector of Police, R-11, Ramapuram Police Station, Chennai.
Cr.No.319 of 2025.
Respondent(s) PRAYER The Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of his arrest in Cr.No.319 of 2025 on the file of the respondent police. For Petitioner(s):
Mr.Veera Narayanan For Respondent(s):
Mr.S.Udaya Kumar, Govt. Advocate (Crl. side)
ORDER
The petitioner, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 140(2), 351(2) of BNS, 2023 in Crime No.319 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner had abused the defacto complainant and threatened him. Hence, the case.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. The defacto complainant borrowed money from the petitioner and when the petitioner asked him to re-pay the amount, a false case has been lodged against him. Hence, he prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent would reiterate the case of the prosecution and on instructions would submit that the petitioner has one previous case regarding gambling pending against him and nobody is injured in this case, and strongly opposed to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the nature of offence, and the fact that nobody is injured and there is a money transaction between the petitioner and the defacto complainant and also considering the fact that the petitioner has no previous case of similar nature, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following 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 days from the date on which the order copy made ready, before the Judicial Magistrate Court - I, Poonamallee on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:
[a] the petitioner shall report before the respondent police on every Saturday at 10 a.m., for a period of four weeks; [b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; [c] the petitioner shall not leave India without the previous permission of the Court;
[d] the petitioner shall not abscond 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.2023.
30-12-2025 dsa/av Index:Yes/No Speaking/Non-speaking order Internet:Yes Note: 1. Registry is directed to forthwith upload this order in the official website of this Court.
2. All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.
To
1. Judicial Magistrate Court - I, Poonamallee 2.The Public Prosecutor, High Court, Madras.
3.The Inspector of Police, R-11, Ramapuram Police Station, Chennai.
P.DHANABAL J.
dsa/av 30-12-2025