Baskar v. State Of Tamil Nadu Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Baskar S/o. Velu, No2/92, Serpadi Village and Post, Anaicut Taluk, Vellore District.

..Petitioner(s) Vs The State of Tamil Nadu Represented by The Inspector of Police, Veppankuppam Police Station, Vellore District.

Crime No.3 of 2026.

..Respondent(s) PRAYER: This Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge the petitioner on bail in connection with Cr.No.3 of 2026 on the fie of the respondent police and pass such further or other orders. For Petitioner(s):

V.Elangovan For Respondent(s):

Mr. S. Vinoth Kumar, Government Advocate (Criminal side).

ORDER

The petitioner, who was arrested and remanded to judicial custody on 02.01.2026 for the alleged offences under Sections 296(b), 115(2), 351(3) and 318(4) of B.N.S. in Crime No.3 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner collected money from four victims under the guise of giving business opportunities for selling products, but he neither gave them business opportunities nor returned the money collected from them, thereby, he cheated the victims to the tune of Rs.18.70 lakhs. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that business opportunities were given to the victims, but due to their poor performance, they failed and sustained loss and the petitioner has nothing to do with their loss and the business transactions being purely civil in nature and investigation has already been completed and hence prays to enlarge the petitioner on bail.

4. The learned Government Advocate (Criminal side) appearing for the respondent police reiterated the prosecution case and strongly objected to enlarge the petitioner on bail stating that he has received more than Rs.18 lakhs from the victims and cheated them. However, the learned Government Advocate fairly submitted that there is no previous case pending against the petitioner.

5. From the submissions made by the learned Government Advocate

(Criminal side), it appears that the petitioner has received more than Rs.18 lakhs from four victims. However, the learned counsel for the petitioner stated that there were business transactions and if at all the defacto complainant has got any remedy, it is only civil nature.

6. While looking at the factual position, taking into consideration the fact that the petitioner having been under incarceration from 02.01.2026, that the case arises out of money transaction and the petitioner has no previous cases against him, this Court is of the view that no further custodial interrogation is required and hence, this Court is inclined to grant bail to the petitioner, subject to the following stringent conditions:

7. 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 Judicial Magistrate No.III, Vellore 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 respondent police daily at 10.30 a.m. for a period of 2 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.

06-03-2026 MJS

Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

1. The Judicial Magistrate No.III, Vellore.

2. The Inspector of Police, Veppankuppam Police Station, Vellore District.

3. The Superintendent of Police, Central Prison,Vellore.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

MJS 06-03-2026