R.Ramesh Babu Vs The State Rep by, The Inspector of Police

COMMON PRAYER : Criminal Original Petitions filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioners on bail in Crime No.1404 of 2024 on the file of the respondent police.

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For Petitioners : Mr.K.Sathish Kumar

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(In Crl.O.P.No.47 of 2025) Mr.C.K.Chandrasekkar (In Crl.O.P.No.142 of 2025)

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For Intervenors : Mr.D.Lakshmipathy

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(In both Crl.O.Ps.) For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side) (In both petitions)

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C O M M O N O R D E R

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The petitioners herein apprehending arrest at the hands of the

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respondent police for the offences punishable under Sections 294(b), 406,

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420 and 506(2) IPC, in Crime No.1404 of 2024, on the file of the respondent Police, seeks anticipatory bail.

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The allegation against the petitioners is that the petitioners joining hands with other accused collected a sum of Rs. 34,00,000/- from the defacto complainant under the pretext of getting house and thereafter, cheated the defacto complainant. However, they have returned only Rs.29,00,000/-. Hence, the case.

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The learned counsel for the petitioners submitted that the petitioners

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are innocent persons, and they have been falsely implicated in this case; and that the custodial interrogation of the petitioners is not necessary in this case

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and hence, prayed for anticipatory bail to the petitioners.

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The learned Government Advocate (Crl.Side) appearing for the

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respondent police submitted that out of Rs.34,00,000/- collected from the defacto complainant, the petitioners have repaid only Rs.29,00,000/-. Hence, he opposed for grant of anticipatory bail to the petitioners.

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At this juncture, the learned counsel for the petitioners submitted

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that the first accused/first petitioner in Crl.O.P.No.142 of 2025 is now ready to deposit a sum of Rs.3,00,000/- out of the remaining amount of Rs.5,00,000/- to show his bonefide.

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6 . Heard both sides including counsel for Intervenor and perused the materials available on record.

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Considering the facts and circumstances of the case, submissions

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made by learned counsels and also the fact that majority of amount has already been paid by the petitioners and now the first accused /first petitioner in Crl.O.P.No.142 of 2025 has come forward to deposit a sum of Rs.3,00,000/-, hence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions:

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Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned X Metropolitan Magistrate, Egmore, on condition that the petitioners shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with two

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sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that:

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[a] if the petitioners fail to surrender before the concerned Magistrate within a period of ten days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

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[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 Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

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[c] the petitioners in Crl.O.P.No.142 of 2025/Accused Nos.1 & 2 shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation.

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[d] the petitioner in Crl.O.P.No.47 of 2025/Accused No.3 shall report before the respondent police daily at 10.30 a.m., for a period of one week and thereafter, as and when required for interrogation;

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[e] the first accused / first petitioner in Crl.O.P.No.142 of 2025 i s directed to deposit a sum of Rs.3,00,000/- to the credit of Crime No.1404 of 2024 and the copy of the receipt shall be produce before the Magistrate concerned at the time of executing the bond.

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[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283 ];

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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K.RAJASEKAR, J.