C.Balakrishnan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.36144 of 2025 C.Balakrishnan ... Petitioner

Versus

The State represented by The Inspector of Police CBCID Krishnagiri Crime No. 2 of 2025.

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in Crime No. 02 of 2025 on the file of respondent police.

For Petitioner : Mr.G.Saravanakumar For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

This is successive bail application, this Court earlier dismissed the bail application of the petitioner in Crl.O.P.No.33129 of 2025, dated 03.12.2025 by stating the following reasons:- "5.Considering the fact that it is the case of cheating inducing the de-facto complainant to part with the money under the pretext of getting the foreign investments and to share the same, though it is stated that the petitioner is present at the time of 1/7

payment, the confession statement of the arrested accused, reveals that the petitioner has also actively participated in the occurrence and he has also shared Rs.18 lakhs with A1. In view of the same, I am not inclined to grant bail to the petitioner."

2.The learned Counsel for the petitioner submits that after dismissal of the bail application, one of the co-accused in this case was granted bail in Crl.O.P.No.34582 of 2025, dated 17.12.2025. He further submits that the allegation against the petitioner herein is that this petitioner has been colluded with other co-accused and falsely represented himself as an RBI Officer, the total amount alleged against the petitioner is Rs.33.81 lakh. Since the co-accused have been granted bail and considering incarceration of the petitioner herein, he prayed to grant bail to the petitioner. He further submits that the petitioner is ready to abide any condition imposed by this Court and sought for bail to the petitioner.

3.The learned Government Advocate [Criminal Side] appearing for the respondent police, reiterated the case of the prosecution and submits that 18 victims in this case and that Rs.1.77 Crore have been cheated by the petitioner and other co-accused and investigation is pending. He opposed to 2/7

grant bail to the petitioner herein.

4. I have also gone through the FIR and other connected materials produced before me and the bail orders passed by this Court in favour of the petitioner/A1 in Crl.O.P.No.34582 of 2025, dated 17.12.2025 and the petitioner/A2 in Crl.O.P.No.32879 of 2025, dated 02.12.2025 respectively. At the time of granting the bail in the above matters, the total amount projected by the prosecution is only Rs.33.81 lakh and now, it is stated that the amount cheated in this case rose to 1.77 Crore. However, considering the fact that the petitioner's overt-act and also the fact that the co-accused were granted bail and the fact that this petitioner has also under incarceration from 08.11.2025, I am inclined to grant bail to the petitioner with certain conditions.

5.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Krishnagiri, and on further conditions that: 3/7

[a] 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; [b] that the petitioner shall report before the respondent police daily at 10.30 am for a period of six weeks and thereafter as and when required for interrogation.

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the 3rd 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];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

05.01.2026 MSM 4/7

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 the official website of this Court will be watermarked and will also have a QR code.

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To 1.The Judicial Magistrate No.I, Krishnagiri.

2.The Central Prison, Salem.

3.The Public Prosecutor High Court of Madras.

4.The Inspector of Police The Inspector of Police CBCID Krishnagiri Crime No. 2 of 2025.

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K.RAJASEKAR J.

MSM Crl.O.P.No. 36144 of 05.01.2026 7/7