CRL O.P. No.8713 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 26.03.2025 CORAM: THE HON`BLE MR.JUSTICE SUNDER MOHAN CRL O.P. No.8713 of 2025 1. J. Mangalaram S/o. Jogaram 2. M. Deepak S/o. Mangalaram 3. M. Manesh S/o. Mangalaram ... Petitioners / Accused 1 to 3 Vs State rep. by:- The Inspector of Police, Maraimalai Nagar Police Station, Chennai. ... Respondent [Cr. No.630 of 2024] PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioners / Accused in Crime No.630 of 2024 on the file of the respondent police. For Petitioners : Mr. Karthik Rajendran For Respondent : Mr. S. Santhosh, Government Advocate [Criminal side] ORDER The petitioners / Accused, who apprehend arrest at the hands of the 1/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.8713 of 2025 respondent police for the offence punishable under Sections 316(2), 318(4), 296(B) and 351(2) of B.N.S. in connection with the case in Crime No.630 of 2024, seek anticipatory bail. 2. The case of the prosecution is that the defacto complainant, in the year 2019, pledged 75 sovereigns of gold jewels and obtained a loan from the petitioner; that she had paid interest and principal in the year 2020; that the petitioners, however, did not hand over the receipts and the jewels; that they have given evasive replies and thus committed the aforesaid offences. 3. The learned counsel for the petitioners would contend that the alleged transactions took place in the year 2019; that since the defacto complainant defaulted in payment of loan amount, on 20.02.2023, the petitioners issued a notice asking her to redeem the jewels on or before 10.03.2023, failing which, that would be sold in auction; that subsequently, the jewels were sold in the year 2023 itself; that the complaint has been lodged by making false allegations; and that custodial interrogation of the petitioners is not required and hence prayed for grant of anticipatory bail to the petitioners. 2/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.8713 of 2025 4. The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions, confirmed the fact that the alleged transactions took place in the year 2019; that despite the defacto complainant had repaid the loan amount, the petitioners had not returned the jewels, 5. On reading of the FIR, it is seen that the jewels were pledged in the year 2019 and the defacto complainant had not produced any proof for repayment of loan amount to substantiate her claim. The petitioner had issued a notice in 2023 calling for the defacto complainant to redeem the jewels. The FIR was registered in the year 2024. Considering the aforesaid facts, nature of allegations and since the custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners on 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 3/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.8713 of 2025 Judicial Magistrate, Chengalpet on condition that the petitioners shall each execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), 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, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that: [a] the petitioners and 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. [b] the 1st petitioner shall report before the respondent police as and when required for interrogation; and the petitioners 2 and 3 shall appear before the respondent police weekly twice i.e., on Monday and Thursday at 10.30 a.m. until further orders; [c] the petitioners shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners shall not abscond either during investigation or trial; 4/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.8713 of 2025 [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 [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S. 26.03.2025 mjs To 1.The Judicial Magistrate, Chengalpet. 2. The Public Prosecutor, High Court, Madras. 3.The Inspector of Police, Maraimalai Nagar Police Station, Chennai. SUNDER MOHAN. J., mjs 5/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.8713 of 2025 CRL O.P. No.8713 of 2025 26.03.2025 6/6 https://www.mhc.tn.gov.in/judis