Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-10-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
1. Dharmesh Jain Petitioner(s) Vs
1. State Rep. by The Inspector of Police, C2 Elephant Gate Police Station, Chennai - 600001. Crime No.141 of 2025 Respondent(s)
PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 Grant the petitioner anticipatory bail in the event of his arrest in connection with Crime No.141 of 2025 on the file of the C2 Elephant Gate Police Station, Chennai, pending investigation, under section 482 of th Bharatiya Nagarik Suraksha Sanhita, 2023 and pass such further or other orders as this Honble Court may deem fit and proper in the interests of justice.
For Petitioner(s): K.Ganeshkumar For Intervenor R.Ganeshkumar For Respondent(s): Mr.S.Udayakumar Government Advocate (Crl.side)
ORDER
The petitioner, who apprehends the arrest at the hands of the respondent police for the alleged offence punishable under Sections 315(5) & 318(4) of BNS, 2023, in Crime No.141 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.The allegation against the petitioner is that the petitioner while working as a commission agent with the defacto complainant, collected total gold worth about 1421.750 grams and it is supposed to be handed over to one of the customers. Instead of handing over the same, the petitioner handed over the same to his brother who is ranked as A2 and thereafter misappropriated the jewels. Hence, the case. 3.The learned counsel for the petitioner submitted that arrested accused/A2 was already released on bail and at the time of granting bail this Court has made critical comments on the investigating agency and it is further submitted that the complaint itself is of doubt regarding its veracity. He further submitted that the petitioner has not received any jewels as alleged. Hence, he prayed for the grant of anticipatory bail to the petitioner. 4.The learned counsel for the Intervenor submitted that huge gold jewels have been received by the petitioner herein, later, he misappropriated the same with the help of his brother. Though his brother was arrested, no recovery has been effected and the investigation in this case is pending. Hence, he opposed for the grant of anticipatory bail to the petitioner. 5.The learned Government Advocate (Crl.Side) for the respondent police reported that co-accused/A2 has been arrested and subsequently released on bail, however no recovery is effected from him and it is further revealed that the petitioner is in possession of the jewels. Further before registration of FIR when the defacto complainant demanded him to return back the jewels, the petitioner has come forward to give his property as security, however, he failed to do so, which prompted the defacto complainant to lodge the complaint. Hence, he opposed for the grant of anticipatory bail to the petitioner.
6. I have gone through the order passed by the Sessions Court granting
bail to the co-accused/A2 in Crl MP No.4956/2025 also the contents in the FIR. The FIR and the other documents would reveal that the petitioner has collected huge quantity of gold jewels, however, so far no gold was recovered from him and he has also failed to come forward to execute any security document as promised by him. Hence, I am of the view that if the petitioner is granted anticipatory bail it would hamper the investigation and accordingly this Criminal Original Petition is dismissed. 28-10-2025 gbi
To 1.State Rep. by The Inspector of Police, C2 Elephant Gate Police Station, Chennai - 600001. Crime No.141 of 2025 2.The Public Prosecutor High Court of madras. K.RAJASEKAR J. gbi CRL OP No. 10528 of 28-10-2025