(Prayer : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Crime No.47 of 2025 pending on the file of the respondent police.)

1. The petitioner, who was arrested and remanded to judicial custody on 05.12.2025 for the alleged offences under Sections 406, 420, 120B & 409 of IPC and Section 4 of TNPHW Act, in Crime No.47 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had conducted an unregistered chit fund and collected a sum of Rs.5,69,51,000/- and thereby cheated the complainant and hence the case was registered.

3. I have given anxious consideration to the submissions made by the learned counsel appearing on either side and also perused the materials available on record.

4. The learned counsel for the petitioner would submit that though offence under Section 4 of Women Harassment is charged against the petitioner, even according to the prosecution, there is no allegation. He further submitted that, petitioner is running chit fund company, in which, defacto complainant’s husband is also one of the partners and there is a transaction between them, however defacto complainant without approaching the Civil Court, had converted the civil issue into a criminal complaint and filed a complaint against the petitioner. He further submitted that the petitioner is in incarceration from 05.12.2025. Hence, he prayed for grant of bail to the petitioner.

5. At this juncture, the learned Government Advocate (Criminal Side) appearing for the respondent would submit that, petitioner has involved in similar type of offence previously in Aarudhra Gold Scam, however, in that case, petitioner was enlarged on bail.

6. The learned counsel for the intervenor strongly opposed for grant of bail to the petitioner stating that if the petitioner is enlarged on bail, there is a likelihood of flight risk.

7. As rightly pointed out by the learned counsel for the petitioner, there are no prima facie material to implicate the petitioner for the offence under Tamil Nadu Prohibition Of Harassment Of Women Act and no doubt, according to the complaint, there were transaction between the petitioner and the respondent and while looking at the period of incarceration of the petitioner, he has been in custody from 05.12.2025 and at this length of time, investigation might have completed and custodial interrogation of the petitioner is not necessary. Hence this Court is inclined to enlarge the petitioner on bail, subject to conditions:-

8. Though the learned counsel for the intervenor argued that it is a case of flight risk, on a pertinent question as to whether petitioner’s passport was surrendered in the earlier case, the learned Government Advocate (Crl. Side) replied that, no such condition was imposed in the earlier case and hence, this Court is not inclined to impose such condition, since the petitioner has got roots in Tamil Nadu .

9. Accordingly, the petitioner is ordered to be released on bail on his executing 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 Judicial Magistrate Court No.I, Alandur, and subject to the following conditions:

                     [a] 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;

                     [b] the petitioner shall report before the respondent police daily at 10.30.a.m for a period of 30 days and thereafter as and when required for interrogation;

                     [c] the petitioner shall not abscond either during investigation or trial;

                     [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

                     [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

                     [f] if the petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

10. Consequently, connected miscellaneous petition is closed.