Sathish Kumar v. The State Rep By Its, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.07.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Sathish Kumar .. Petitioner Vs.
The State represented by its, The Inspector of Police, T-10, Thirumullaivoyal Police Station.
(Crime No. 554 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioners on bail in Crime No.554 of 2025 pending investigation on the file of respondent police. For Petitioner :
Mr.M.Hari Babu For Respondent :
Mr.R.Vinothraja Government Advocate (Crl.side)
O R D E R
The petitioners, who were arrested and remanded to judicial custody on 18.06.2025, for the offence punishable under Sections 406, 420 of IPC in Crime No. 554 of 2025, registered on the file of the respondent, seeks bail. 1/7
2. The case of the prosecution is that the petitioner received a sum of Rs.12,25,000/- from the defacto complainant, Mr.Thanigaivel, and his friends, namely Baskar and Ilangovan, during the year 2023. It is alleged that the petitioner had falsely represented himself as running a finance and consultancy firm under the name "Jaya Auto" and promised to arrange car loans for all three individuals. Believing the representations, the said amount was paid to the petitioner. However, the petitioner neither arranged the promised car loans nor returned the amount received. Thus, it is alleged that the petitioner had cheated the defacto complainant and others under the guise of providing financial services. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is in no way connected with the alleged offence, however, he is suffering incarceration from 18.06.2024. He further submitted that the petitioner 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. 2/7
4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the petitioner was arrested on 18.06.2024.
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 also considering the fact that A1 has already been deposited Rs.5 lakhs, pursuant to the order of this Court in Crl.O.P.No.18370 of 2025, now the petitioner is ready and willing to deposit Rs.3 Lakhs, 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 Court, Ambattur, Chennai - 600 053 and on further conditions that:
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[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 is directed to deposit a sum of Rs.3,00,000/- (Rupees Three Lakhs only) each to the credit of Crime No.554 of 2024 and shall produce the proof of payment before the learned Magistrate concerned at the time of executing the sureties. The learned concerned magistrate shall deposit the same in the interest bearing fixed deposit scheme in any one of the nationalised banks. [c] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required 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 4/7
regard;
[g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners 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. 17.07.2025 nsl 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.
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To
1. The Judicial Magistrate, Ambattur, Chennai - 600 053.
2. The Inspector of Police, T-10, Thirumullaivoyal Police Station.
3. The Central Prison, Puzhal.
4. The Public Prosecutor, High Court, Madras.
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M.NIRMAL KUMAR, J.
nsl 17.07.2025 7/7