T.D.Kumar v. The State Rep by the Inspector of Police

O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 409 and 420 of IPC in Crime No.118 of 2026, on the file of the respondent Police, seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner induced the de facto complainant to invest a sum of Rs.56,00,000/- in a private investment company by promising high returns and thereafter failed to repay the amount as promised. Hence, the case.

¶3The learned counsel for the petitioner submitted that the petitioner is merely a friend of the prime accused (A1). It is submitted that the only overt act attributed to this petitioner is that he introduced A1 to the de facto complainant, who subsequently invested Rs. 56 Lakhs in mutual funds, which turned out to be non-existent, resulting in the de facto complainant being cheated. At this juncture, the learned counsel for the petitioner submitted that the co-accused (A1) was remanded to judicial custody on 10.04.2026 and was subsequently enlarged on bail on 21.04.2026. Hence, he prayed for the grant of anticipatory bail to the petitioner.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent police opposed the grant of anticipatory bail and submitted that the petitioner has cheated the complainant to the tune of Rs. 56 Lakhs.

¶5Taking into consideration of the totality of the circumstances, though this is a case involving the cheating of a sum of Rs.56 Lakhs, considering that the only overt act pleaded against the petitioner is that he merely introduced A1, and given that the amount was ultimately paid by the de facto complainant to A1, who has already been enlarged on bail, this Court is of the firm view that, at this length of time, custodial interrogation of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.

¶6Accordingly, the petitioner is ordered to be released on anticipatory 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 ready, before the learned Judicial Magistrate No.II, Alandur, 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. until further orders;

(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 registered under Section 269 of BNS Act.

20.07.2026 cda To

1.The Judicial Magistrate No.II, Alandur.

2.The Inspector of Police, T-14 Pallikaranai Police Station, Chennai - 600 042.

3.The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J. cda

20.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Mr.T.D.Kumar ... Petitioner Vs. The State Represented by, The Inspector of Police, T-14 Pallikaranai Police Station, Chennai - 600 042. (Crime No.118 of 2026) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in connection with Crime No.118 of 2026 on the file of respondent Police. For Petitioner : Mr.R.Prakalathan For Respondent : Mr.N.Palanivel, Government Advocate (Crl.Side)