Pinjara Vittal Babu vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 20.01.2026 for the alleged offence under Section 316(2), 318(4), 336(2), 336(3) and 340(2) of BNS Act (IPC 405/406, 420, 463/464, 468 and 471) in Crime No.48 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner has borrowed a sum of Rs.15 lakhs and failed to repay the same. Hence, this case.

The learned counsel for the petitioner submitted that the petitioner was innocent and that he has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner has deceived the de facto complainant by receiving Rs.15 lakhs on the ground of investing the same in Bit Coin and that the amount has not been returned to the de facto complainant. However, he fairly submitted that the petitioner has no previous cases and the investigation is almost completed. However, he opposed to grant anticipatory bail to the petitioner.

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

Considering the facts and circumstances of the case and considering the totality of the circumstances, this Court is of the firm view that further incarceration of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on bail subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned II Metropolitan Magistrate at Egmore, Chennai, and on further conditions that:

[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 learned respondent police daily at 10.30 a.m. and 05.30 p.m, for the period of two weeks 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 pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.