S Ramarajan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH 1 S.Ramarajan 2 S.Rajarajan ... Petitioners/Accused - 1 & 2 Vs The Inspector of Police, District Crime Branch, Thanjavur, DCB Cr.No.1 of 2025.

... Respondent/Complainant For Petitioner :

Mr.G.Mani Prabhu, For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) For Intervenor :

M/s.Sasibetha PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.1 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 408 and 420 of IPC in Crime No.1 of 2025 on the file of the respondent police, seek anticipatory bail. 1/5

2. The case of the prosecution is that A1 was working under the defacto complainant at Qatar till the year 2023. The defacto complainant is said to have transferred a sum of Rs.15.57 Crores to A1 for the purpose of investing in various businesses. However, the accused persons failed to account for the amount received and also did not submit proper account and thereby cheated the defacto complainant.

3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent police. 4.It is seen from records that there are various transactions between the defacto complainant and A1. In fact the defacto complainant had filed a complaint under Section 138 of Negotiable Instruments Act before the learned Judicial Magistrate (FTC), Thanjavur wherein the defacto complainant has mentioned in the complaint as if the accused persons had taken a sum of Rs.15.57 crores for their personal and business needs from 01.01.2017 till the year 2023. Having made such an averment in the complaint, the defacto complainant has now come up with a case as if the amount was given to the accused persons for the purpose of investment in a business and that he was cheated.

The entire materials placed before this Court shows that the defacto complainant and the accused persons are known to each other for a long time and they had various transactions amongst themselves over a period of time.

and hence this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, this criminal original petition is ordered and the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Thanjavur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that:

[a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] the petitioners and 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. [c] the petitioners shall report before the respondent police as and when required for interrogation.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioners shall not abscond either during investigation or trial; 3/5

[f] on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; and; [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

sd/- 23/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO 1 THE JUDICIAL MAGISTRATE NO.I, THANJAVUR.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THANJAVUR.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.G.MANI PRABHU, Advocate ( SR-810[I] dated 24/01/2025 ) 4/5

ORDER

IN CRL OP(MD) No.1197 of 2025 Date :23/01/2025 RS/SKN/SAR-(10.02.2025) 5P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5