Dudi Prakash Gutha v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Dudi Prakash Gutha ... Petitioner Vs.

State rep. by The Inspector of Police Nallur Police Station Hosur, Krishnagiri District ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in connection with Crime No.62 of 2025 pending investigation on the file of the respondent police.

For Petitioner :

Mr.N.Kannan For Respondent :

Mr.L.Baskaran Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 05.05.2025, for the offences punishable under Sections 61(2), 318(4) of BNS Act, 2023, in connection with Crime No.62 of 2025, registered on the file of the 1/6

respondent, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused have represented the de-facto complainant that there is a gold coin treasure available in her house and they will unearth the same and hand over to her after conducting Pooja for particular period of time, for which they demanded some amount from her. On believing their version, the de-facto complainant gave totally an amount of Rs.7,00,000/- to them. However, they neither unearth the gold coin treasure nor returned back her amount, but they cheated the complainant. Hence the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The learned counsel further submitted that A1 has been released on bail by the Judicial Magistrate No.II, Hosur, vide order dated 30.05.2025 made in CMP No.941 of 2025. The learned counsel further submitted that the petitioner is suffering incarceration from 05.05.2025 and he is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

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4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that A1, A4, A5, A7, A9 and A10 were already released on bail. However, he strongly opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioner and that the documents are already in the custody of the police, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Hosur, Krishnagiri District, 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 3/6

proofs to ensure their identity;

[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for further interrogation. [c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] 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];

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

13.06.2025 uma Note :

1. Registry is directed to forthwith upload this 4/6

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.II, Hosur Krishnagiri District.

2. The Inspector of Police Nallur Police Station Hosur, Krishnagiri District

3. The Central Prison, Dharmapuri

4. The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR, J.

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