C.P.S Chandrasekar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH C.P.S.Chandrasekar

...Petitioner/Accused No.6

Vs Sate of Tamil Nadu rep by.

The Sub Inspector of Police, City Crime Branch, Tirunelveli City, Tirunelveli, (Crime No.15 of 2024)

...Respondent/Complainant

For Petitioner: Mr.K.Vinayagan, Advocate For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No.15 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/accused No.6, who apprehends arrest at the hands of the 1/5

respondent police for the offences punishable under sections 420, 465, 468 and 471 of IPC in Crime No.15 of 2024 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that A1 along with A2 and A3 approached the bank for agricultural loan. They produced income tax receipts to substantiate their income. Based on the same, A4 to A6 had sanctioned loan. The allegation is that the loan was taken based on the forged income tax returns and that A4 to A6 were aware about the same. They had acted in connivance with A1 to A3. There are totally 6 accused persons in this case and the petitioner has been arrayed as A6. 3.Heard the learned appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent Police. 4.

Taking into consideration the facts and circumstances of the case and also considering the status report filed by the respondent, wherein it is seen that the income tax returns have been forged in this case and based on the same, loan has been sanctioned and the security that has been given for the said loan is intact and considering the defence taken by the petitioner that the petitioner was not aware that the income tax returns were forged, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions. 5.

event of arrest or on his 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, Tirunelveli on condition that the petitioner 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 petitioner fails to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] the petitioner shall report before the respondent police every Friday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation;

[c]the petitioner shall not tamper with evidence or witness either during investigation or trial;

[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]; and; 3/5

[f] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 20/12/2024 / TRUE COPY / / 01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TA TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUB INSPECTOR OF POLICE, CITY CRIME BRANCH, TIRUNELVELI CITY, TIRUNELVELI .

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

+1 CC to M/s.K.VINAYAGAN, Advocate ( SR-15778[I] dated 20/12/2024 )

ORDER

IN CRL OP(MD) No.22230 of 2024 Date :20/12/2024 4/5

PSP/ SKN /SAR /08.01.2025/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5