Anticipatory bail sought by two accused in a cheating case involving misappropriation of Rs.1,10,00,000 received for supplying iron scraps. Parties entered into a compromise through court-referred mediation; the Court granted anticipatory bail subject to conditions including bonds, daily police reporting for a week, and no tampering or leaving India.
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CRL OP No. 21221 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
CRL OP No. 21221 of 2025 and Crl Mp No.14947 of 2025
Petitioner(s)
Vs
State rep by its Inspector of Police, CCB, Coimbatore City, Crime No.17 of 2025
Respondent(s)
PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on Anticipatory bail in the event of his arrest in Crime.No.17 of 2025 on the file of Inspector of Police, CCB, Coimbatore City/Respondent Police.
For Petitioner(s): T.Shanmugam For Intervenor Mr.N.Kamalanathan for M/s.A.Parthasarathy and Associates
For Respondent(s): Mr.J.R.Archana
CRL OP No. 21221 of 2025
Government Advocate (Crl. Side) Mediation Report Received File No.1542/25 Dt.21.11.25
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 318(4) & 61(2) of BNS 2023, in Crime No.17 of 2025, on the file of the respondent police, seeks anticipatory bail.
2.The allegation against the petitioners is that they received Rs.1,10,00,000/- from the defacto complainant by promising to arrange the supply of iron scraps and other materials, and subsequently misappropriated the money and cheated the defacto complainant. After hearing the parties, this Court referred the matter to Mediation, and the mediation report has been received. It is stated that the parties themselves have entered into a compromise.
3.Considering the fact that the defacto complainant and the petitioner have entered into a compromise, I am inclined to grant anticipatory bail with certain conditions:
4.Accordingly, the petitioners are ordered to be released on bail in the
CRL OP No. 21221 of 2025
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 Judicial Magistrate 7, Coimbatore District on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty 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 learned Magistrate concerned and on further condition that:
[a] the petitioners shall report before the respondent police on everyday at 10.30 am., for a period of one week and thereafter as and when required for interrogation .
[b] the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
[c] the petitioners shall not leave India without the prior permission of the Court.
[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned
CRL OP No. 21221 of 2025
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].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
10-12-2025 1/2
gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No
CRL OP No. 21221 of 2025
To
1.State rep by its Inspector of Police, CCB, Coimbatore City, Crime No.17 of 2025
2.The Judicial Magistrate 7, Coimbatore District.
3.The Public Prosecutor, High Court of Madras.
CRL OP No. 21221 of 2025
K.RAJASEKAR J. gbi
CRL OP No. 21221 of 2025
10-12-2025
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners apprehending arrest in Crime No.17 of 2025 for offences under Sections 318(4) and 61(2) BNS 2023.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaRelied on
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
3 provisions across 2 enactments
Elangovan
Menaka
State rep by its Inspector of Police, CCB, Coimbatore City
K.Rajasekar
As recorded by the court registry
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