High Court · 2025

CRL OP No. 19724 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 10-09-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICRL OP No. 19724 of 2025and CRL MP No.14399 of 20251. LENIN2. ANANDHIPetitionersVs1. The State Represented by, The Inspector of Police,R - 3, Ashock Nagar Police Station, Chennai, Tamil Nadu. Crime No. 81 of 2025.Respondent(s)PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioners on anticipatory bail in the event of arrest in Crime No.81 of 2025 on the file of the Respondent police. For Petitioners:Mr.G.Mohanakrishnanfor Mr. D Prasanna KumarFor Intervenor:Mr.Govindaraj KannanFor Respondent(s):Mr.S.UdayakumarGovernment Advocate (Crl.side) https://www.mhc.tn.gov.in/judis CRL OP No. 19724 of 2025ORDERThe petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 316(2), 318(2), 61(2), and 336(2) of BNS, in Crime No.81 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that there are totally four accused. The petitioners/A1 and A2 are husband and wife. Likewise A3 and A4 are husband and wife. As per the defacto complainant, the petitioners along with other accused cheated the defacto complainant on the promise of getting flat under Tamilnadu Urban Habitat Development Board and received a sum of Rs.10,50,000/-. Hence, the complaint.3. The learned counsel appearing for petitioners submitted that according to the FIR, A3 and A4, they are husband and wife, A3 is a private financier. A1 is a bank employee, was approached defacto complainant for some loan and https://www.mhc.tn.gov.in/judis CRL OP No. 19724 of 2025since he was not eligible for loan, he was referred to to A3 and thereafter, the A3 had arranged loan and he had not repaid it. Likewise, not only for the defacto complainant, several other private individuals who are not eligible for loan through the bank would be referred by A1 to him and he would only make private finance arrangements. In fact, the defacto complainant had issued a cheque for Rs.10 lakhs for repayment of the loan amount and now it has been projected that the petitioners along with other accused A3 and A4 had taken money in the guise of seeking allotment to economically weaker section people and cheated them.4. The learned counsel for the Intervenor submitted that the petitioners along with other accused had well organised the crime, they have created forged allotment letter and Identity card with the photographs of the family members from Tamilnadu Urban Habitant Board, not only to the defacto complainant but also to various other persons. Further, though the allotment orders in the name of Managing Director of the Board have been issued, the defacto complainant had produced the copy of the forged allotment order proceedings. Further, he https://www.mhc.tn.gov.in/judis CRL OP No. 19724 of 2025had also produced the bank payee slip depositing the amount to the credit A3's bank account.5. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case and submitted that the petitioners along with other accused joined together and collected huge sum of money from the economically weaker section people on the promise of allotting house under the Tamilnadu Urban Habitant Development Board and they had collected money via cash directly and also through bank. The petitioners active connivance with the other accused have collected huge sums of money from the defacto complainant and others and cheated them. So far, eleven victims have lodged complaint with the respondent. Further submitted that the petitioners along with other accused is a larger group and some more accused have to be arrested and victims have lost several lakhs which might run to crores.6.Taking note of the facts and circumstances of the case, the nature of allegations, and since, custodial interrogation is not required for the purpose of https://www.mhc.tn.gov.in/judis CRL OP No. 19724 of 2025investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned 17th Metropolitan Magistrate, Saidapet, Chennai, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties, out of which one surety must be a blood related surety 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 learned Magistrate concerned and on further condition that:(a) the petitioners shall deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each to the credit of Crime No.81 of 2025 before the learned 17th Metropolitan Magistrate, Saidapet, Chennai, within a period of three weeks. On such deposit being made, the defacto complainant is directed to withdraw the same on filling undertaking affidavit and on https://www.mhc.tn.gov.in/judis CRL OP No. 19724 of 2025proper identification and acknowledgment;(b) 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 1st petitioner shall report before the respondent police on Tuesday and Saturday at 10.30 a.m. for the period of four months and the 2nd petitioner 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;(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 https://www.mhc.tn.gov.in/judis CRL OP No. 19724 of 2025learned 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 B.N.S.8.Post the matter on 16.10.2025 under the caption "for reporting compliance".10-09-2025 1/2gbiIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CRL OP No. 19724 of 2025Note :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 thisCourt will be watermarked and will also have a QR code.To1.The State Represented by, The Inspector of Police,R - 3, Ashock Nagar Police Station, Chennai, Tamil Nadu. Crime No. 81 of 2025.2.The 17th Metropolitan Magistrate, Saidapet, Chennai.3.The Public Prosecutor,High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 19724 of 2025T.V.THAMILSELVI J.gbiCRL OP No. 19724 of 2025 10-09-2025