Suresh @ Suresh Kumar v. The State Rep By, the Inspector of Police

ORDER The petitioners, who apprehend arrest for the alleged offence under Sections 403, 406, 415, 420, 506(1) of IPC in Crime No.187 of 2026 on the file of the respondent police seek anticipatory bail.

¶2The case of the prosecution is that the de facto complainant has invested a sum of Rs.60,50,000/- in the poultry farm run by the first petitioner. It was promised to induct the de facto complainant as a partner. In the meanwhile, the Farm suffered a loss. Since the de facto complainant did not get his money, he has given the present complaint.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in the case. He would further submit that the entire transaction is purely civil in nature. He further submitted that the petitioners are ready and willing to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of anticipatory bail to the petitioners.

¶4The learned Government Advocate (Crl. Side), appearing for the respondent police, while opposing the grant of anticipatory bail, reiterated the prosecution case and submitted that the alleged transactions took place during the year 2022, whereas the FIR came to be registered in the year 2026.

¶5From the perusal of the affidavit, the amount of Rs.60.50,000/- was paid to the petitioner until 2023. Taking into consideration the totality of the circumstances and the existence of an element in respect of a civil nature of dispute and the further fact that the alleged transactions took place during the year 2022 and the FIR came to be registered in the year 2026, this Court is of the view that, at this length of time, custodial interrogation of the petitioners are not required. Hence, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

¶6Accordingly, 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 on which the order copy is made ready, before the learned Judicial Magistrate-III, Coimbatore, 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(s) 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(s) 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(s) in accordance with law as if the conditions have been imposed and the petitioner(s) 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(s) thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

¶7This Criminal Original Petition is ordered accordingly.

03.07.2026 KMI To

¶1The Judicial Magistrate Court-III, Coimbatore.

¶2The Inspector of Police, Race Course Police Station, Coimbatore City.

¶3The Public Prosecutor, High Court of Madras C.KUMARAPPAN

,J.

KMI

03.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN 1.S.Suresh @ Suresh Kumar 2.Ganthimathi ... Petitioner(s) Vs. State represented by, The Inspector of Police, Race Course Police Station, Coimbatore City. ... Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 to enlarge the petitioners on bail in the event of their arrest in connection with Crime No.187 of 2026 on the file of the respondent police. For Petitioner(s) : MrA.M.Rahamathi Ali For Respondent(s) : Mr.N.Palanivel, Government Advocate (Crl.Side) *******