Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 44634 (MAD)

Tharunkumar v. The State Rep. by Inspector of Police

CRL OP/15612/2026 · 2026-06-30

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 15612 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-06-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 15612 of 2026 Tharunkumar S/o. Durairaj No.3058 (4), T.N.H.B, Avadi Camp, Thiruvallur -600 069. ..Petitioner(s) Vs The State Rep. by Inspector of Police K-5, K5 Peravallur Police Station, Chennai District. Crime NO. 108 of 2026 ..Respondent(s) Criminal Original Petition filed under Section 482 of BNSS, praying to grant an anticipatory bail to the petitioner in event of his arrest in Crime No.108 of 2026 pending on the file of the respondent police and pass such further or other order it may be deem fit and proper in the circumstances of the case and thus render justice. For Petitioner(s): M/S. S. Punithavathi For Respondent(s): For Intervenor : Mr.N.Palanivel, Govt.Advocate (Crl.Side) Mr.R.Sai Saurya ******* https://www.mhc.tn.gov.in/judis CRL OP No. 15612 of 2026 __________ Page2 of 6 ORDER The petitioner, who apprehends arrest for the alleged offence under Section 318(4) of BNS, 2023 in Crime No.108 of 2026, on the file of the respondent police seeks anticipatory bail. 2.The case of the prosecution is that the petitioner is alleged to have cheated the de facto complainant of a sum of Rs. 2,62,000/- on the false promise of securing admission to Loyola College. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that he has already paid a sum of Rs.50,000/- to the de facto complainant and he is also ready to pay the remaining amount of Rs.2,12,000/- to the de facto complainant. Hence, he prayed to grant anticipatory bail to the petitioner. 4.The learned counsel for the intervener would strongly oppose the grant of anticipatory bail by stating that this is a case of cheating of Rs.2,62,000/-. https://www.mhc.tn.gov.in/judis CRL OP No. 15612 of 2026 __________ Page3 of 6 5. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and vehemently opposed to grant of anticipatory bail to the petitioner. 6. I have given my anxious consideration to either side submissions. 7.Considering the above facts and circumstances and that the petitioner is willing to deposit the remaining amount of Rs.2, 12, 000/- to the de facto complainant, this Court is of the firm view that, the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 8. Accordingly, the petitioner is directed to pay the remaining amount of Rs.2,12,000/- (Rupees Two Lakhs and Twelve Thousand Only) to the de facto complainant within a period of four (4) weeks from the date of receipt of a copy of this order. On payment of the said amount, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made https://www.mhc.tn.gov.in/judis CRL OP No. 15612 of 2026 __________ Page4 of 6 ready, before the V Metropolitan Magistrate, Egmore, Chennai on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, 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 Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) The petitioner shall report 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) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e) If the petitioner thereafter absconds, a fresh FIR can be https://www.mhc.tn.gov.in/judis CRL OP No. 15612 of 2026 __________ Page5 of 6 registered under Section 269 of BNS Act. 9.This Criminal Original Petition is ordered accordingly. 30-06-2026 (2/2) KMI To 1.The V Metropolitan Magistrate, Egmore, Chennai. 2.The Inspector of Police K-5, K5 Peravallur Police Station, Chennai District. 3.The Public Prosecutor Madras High Court. https://www.mhc.tn.gov.in/judis CRL OP No. 15612 of 2026 __________ Page6 of 6 C.KUMARAPPAN J. KMI CRL OP No. 15612 of 2026 30-06-2026 (2/2) https://www.mhc.tn.gov.in/judis