High Court · 2025

Crl.O.P.No.17077 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 25.07.2025PRONOUNCED ON : 13.08.2025CORAMTHE HONOURABLE MR JUSTICE M.NIRMAL KUMARCrl.O.P.No.17077 of 20251.K.Jayasankar2.E.Karthiravan3.D.Chellathai4.M.Selvaraj ... PetitionersVsThe State represented byThe Inspector of Police,V3 Police Station,J.J.Nagar, Mogappair,Chennai – 600 037.(Crime No.378 of 2025) ... RespondentPRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioners on anticipatory bail in the event of arrest in Crime No.378 of 2025 on the file of the respondent.For Petitioners: Mr.C.MohanakrishnanFor Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal Side)For Intervener: Mr.S.SaravanakumarPage No.1 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17077 of 2025ORDERThe petitioners apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 49, 296(b), 331(1) and 351(2) of BNS in Crime No.378 of 2025, seek anticipatory bail.2.The contention of the learned counsel for the petitioners is that the Tiruvallur Transport Corporation Employees Co-operative Credit Society Limited [In short 'Society'] was registered on 10.07.1991. The first petitioner is the Secretary of the Society, the second petitioner is holding the post of Assistant Manager of the Society, the third petitioner is a practising Advocate and POSH Committee member of the Society. The fourth petitioner is a retired Police Personnel and the Chief Security Officer of the Society. The defacto complainant's husband one Vetrivel during his service in the Society committed various misconduct and misappropriated the Society's fund, who was caught red handed and the Management of the Society issued a charge memo to the defacto complainant's husband. The Society constructed Staff Quarters at Golden George Nagar and a residential portion was allotted to the defacto complainant's husband. After issuance of Page No.2 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17077 of 2025charge memo, the defacto complainant's husband was asked to vacate the portion but he refused. The Society stored the important documents and files in a portion of the residential quarters and fixed a CCTV surveillance to monitor. The defacto complainant's husband broken the CCTV and also caused damage, for which, the Society lodged a complaint against him to the respondent on 27.04.2025. The second petitioner, who is a Assistant Manager in the Society have no personal grudge against the defacto complainant's husband and he discharged his duties in the Society as per the orders of his superiors. The third petitioner, who is a practising Advocate, while discharging her duty as POSH committee member, the defacto complainant's husband captured videos and photographs of the third petitioner in an inappropriate manner and recorded the same. When the third petitioner questioned the defacto complainant's husband, he threatened her that he would upload the same in the social media and spoil her reputation. In fact, the third petitioner lodged a complaint against him before W-8 All Women Police Station, Tirumangalam on 25.04.2025. On 06.05.2025, an enquiry notice was issued to her as well as the defacto complainant and called for enquiry on 10.05.2025. On the very next day Page No.3 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17077 of 2025i.e., on 07.05.2025 the defacto complainant lodged the present complaint before the Deputy Commissioner of Police, Anna Nagar and FIR registered. The fourth respondent is a Police Personnel retired from Police Department after 32 years of unblemished service and after his retirement, he was employed as Chief Security Officer in the Society. For the actions contemplated against the defacto complainant's husband for breaching security and damages, a false complaint lodged by the defacto complainant. Hence, prayed for anticipatory bail.3.The learned counsel for the intervener filed his objections and submitted that the defacto complainant's husband employed as Driver-cum-Office Assistant in the Society for the past nine years. During January 2025, the first petitioner along with henchmen assaulted the defacto complainant’s husband and taken away his personal belongings, cellphone, hand bag and also attempted to foist a false case implanting ganja. In this regard, two complaints given and the same was registered in C.S.R.No.80 of 2025 by Kilambakkam Police Station and C.S.R.No.47 of 2025 by Tirumangalam Police Station. All the accused committed several illegal Page No.4 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17077 of 2025activities in the Society. Further, more than Rs.5 Crores have been misappropriated by getting commission from the individuals public to convert black money to white money. The first petitioner is running a Company in the name of Oblong Realties Private Limited and Zajasol HR Solutions Private Limited and the Society funds are illegally transferred for their own benefit. Further using the Society's name, several properties for more than Rs.40 Crores in the name of Oblong Realties Private Limited have been acquired and the properties sold without any ration at different rates for their own consideration with ulterior motive. The first petitioner had withdrawn his gratuity amount even before his superannuation and misused the same which is in violation of the Service Rules. The first petitioner being the Secretary amassed several crores by way of illegal means and leading a luxurious life. The first petitioner also misbehaved with female employees who was working under him and some of the female employees have given complaint against him. The first petitioner's misdeeds and misbehaviour broad casted in Polimer News, Jaya TV, News Tamil and other channels. The first petitioner getting exposed had engaged muscle men to eliminate the defacto complainant and her husband. Hence Page No.5 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17077 of 2025for fear of life and to retrieve the illegal money obtained, the present complaint lodged. He would further submit that in this case, the defacto complainant's husband Vetrivel lodged a complaint against the first petitioner with the Director of Vigilance and Anti Corruption, Director of Enforcement and produced a copy of the complaint and Society's Statement of Accounts to show as to how the first petitioner misappropriated huge sums of money. The Society being the fulcrum, several business entities, Hospitals, Schools, Real Estate Firms all created using the Society, with the active connivance of the other accused. He also produced the photographs and CCTV recordings showing the third petitioner forcibly entering the defacto complainant's residence with muscle men at odd hours. In fact, the first petitioner pressurized the Inspector of Police, All Women Police Station, Tirumangalam for other consideration which got exposed in the visual media and now she is kept in the waiting list. Hence, strongly opposed the grant of anticipatory bail.4.The learned Government Advocate (Crl. Side) submitted that the defacto complainant lodged a complaint against all the accused and case Page No.6 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17077 of 2025registered. Initially the defacto complainant's husband lodged a complaint, C.S.R. number assigned, thereafter no action taken and getting enraged over the offensive action being taken by the defacto complainant's husband, he was suspended, threatened and further he was forced to withdraw his complaint. Fearing for his life and security, present complaint was lodged by the defacto complainant. He would submit that the investigation is in progress and hence, strongly opposed the grant of anticipatory bail.5.Considering the submissions made and on perusal of the materials, it is seen that admittedly the defacto complainant's husband was employed in the Society. Further, show cause notice was issued against him for breach of Society Policy, misconduct, disrespect towards the Board and Colleagues, inappropriate use of social media and unauthorized occupation of employees quarters. The third petitioner as Member of POSH Committee of the Society lodged a complaint when she went to the Staff quarters to serve summons to one Sreeja Balakrishnan and on refusal, she attempted to stick the summons to the wall, the defacto complainant's husband Vetrivel and one Daniel restrained her and also captured inappropriate photographs. Page No.7 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17077 of 2025On the complaint of the third petitioner to the Commissioner of Police, C.No.200/JCOP(WZ)/CAMP/2025 was assigned. Further, the defacto complainant's was asked to vacate the premises of the Society and demand notice for the loan sent to him. The first petitioner as Secretary issued a charge memo on 14.05.2025. Thus, there seems to be a running fued between the petitioners and the defacto complainant's husband with regard to the service and conduct of the defacto complainant's husband. There seems to be some manifestation. In view of the above, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.6.Accordingly, the petitioners are ordered to be released on 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, Ambattur 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 Special Judge, on further condition that:Page No.8 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17077 of 2025[a] if the petitioners fail to surrender before the said Special Judge within a period of fifteen days, 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 Special Judge shall obtain a copy of any one of the identity proofs to ensure their identity; [c] the petitioners shall appear 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] the petitioners shall not abscond either during investigation or trial and they shall make themselves available for interrogation by a Police Officer as and when required; [e] the petitioners shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial; [f] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, they shall comply to the directions as may be given by Page No.9 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17077 of 2025the Court in this regard; [g] On breach of any of the aforementioned conditions, the learned Special Judge/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 Special Judge/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 13.08.2025csePage No.10 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17077 of 2025To1.The Inspector of Police, V3 Police Station, J.J.Nagar, Mogappair, Chennai – 600 037. 2.The Judicial Magistrate, Ambattur.3.The Public Prosecutor, Madras High Court.Page No.11 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17077 of 2025M.NIRMAL KUMAR, J.csePre-delivery order made inCrl.O.P.No.17077 of 2025 13.08.2025Page No.12 of 12