Vinith v. State, Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-06-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL .OP. No. 17009 of 2025 Vinith ...Petitioner Vs The State Rep. by the Inspector of Police, Anupparpalayam Police Station, Tiruppur City Cr.No.273/2025 ...Respondent/complainant PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner/Accused on bail in Crime No.273 of 2025 pending on the file of the Respondent police. For Petitioner(s): Mr.M.Vijaya Ragavan For Respondent(s): Mr.L.Baskaran Govt Advocate (crl Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 15.05.2025, for the offence punishable under Sections 420 of IPC in connection with Crime No.273 of 2025, registered on the file of the respondent, seeks bail.
2. The case of the prosecution is that the petitioner had created a fake account and misappropriated a sum of Rs.4,53,000/-. Hence the case.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an erstwhile employee of Postal Department, Gandhi Nagar Branch, Tiruppur District. He had
collected the amount from the public and deposit the same in PPF and KVP accounts. He stated to the public that he will deposit in KVP account since it gives higher rate of interest and the same has not been properly uploaded in the system and the corresponding register entry found missing which has been projected against the petitioner as though the petitioner had created the forged documents and thereby cheated the public to the tune of Rs.4,53,000/- He further submitted that it is only a wrong booking and there is no cheating. He is ready to deposit the amount of Rs.2,00,000/- to the credit of crime number of this case. He further submitted that he is an innocent person and he has been falsely implicated in this case and he is ready to abide by any condition imposed by this court and prayed for bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions, submitted that earlier the petitioner was working in the Post Office, Tiruppur District and he resigned his job on 23.11.2023 from the Department. He further submitted that several complaints were received from the public and the Inspector of Post had conducted an enquiry and examined the witnesses and found that the petitioner had made a false promise to the innocent public and whatever the amount collected from them, instead of depositing the same in to their accounts, he had forged the documents and cheated them and projected it as genuine documents and thus he committed the offence of cheating the public to
the tune of Rs.4,53,000/-. He further submitted that the investigation is in progress and letting out the petitioner would scuttle the investigation.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and also perused the materials available on record.
6. Considering the submissions made by the learned counsel on either side and the period of incarceration undergone by the petitioner, and that the undertaking of the petitioner to deposit a sum of Rs.2,00,000/- to the crime number of this case, to this Court is inclined to grant bail to the petitioner on certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his executing separate 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.III, Tiruppur, 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 deposit a sum of Rs.2,00,000/- (Rupees Two lakhs only) to the credit of Crime No.273 of 2025 before the learned Judicial Magistrate-III, Tiruppur and the trial court shall re-deposit the said amount in the interest bearing account.
[c ] the petitioner shall appear before the respondent police daily at 10.30 a.m, until further orders for interrogation; [d] the petitioner shall make himself available for interrogation by a Police Officer as and when required;
[e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;
[f] 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;
[g] 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];
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
20-06-2025
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, Tiruppur 2.The State Rep. by the Inspector of Police, Anupparpalayam Police Station, Tiruppur City
3. The Superintendent , Central Prison, Coimbatore
4. The Public Prosecutor High Court, Madras.
M. NIRMAL KUMAR.,J
gv CRL .OP. No. 17009 of 2025 20.06.2025