N. Rajesh v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR N.Rajesh ... Petitioner/A1 Vs.

The State represented by The Inspector of Police, Sulur Police Station, Coimbatore.

Tamil Nadu (Crime No.453 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.453 of 2025 on the file of the respondent police seeks bail. For Petitioner :

Mr.A.AL Arfeen Ahamed For Respondent :

Mr.P.Kavin Prabhu

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 19.06.2025, for the offence punishable under Sections 316(4), 336 and 340 of B.N.S in Crime No.453 of 2025, registered on the file of the respondent, seeks bail.

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2. The case of the prosecution is that the petitioner was working as the Regional Manager M/s.Propel Industries Private Limited, Bangalore region, in charge of the sale of spare parts. It was found petitioner billed large quantity of materials but delivered only a small portion to the customers. Majority of sales were shown with AU Enterprises, run by petitioner's father, and under SLV Enterprises run by petitioner's brother. The petitioner/accused supplied spare parts on a credit basis to SLV Enterprises misused his senior position. The petitioner by manipulating the sales and accounts M/s.Propel Industries Private Limited, misappropriate nearly Rs.50 lakhs. The intervenor/de-facto complainant further submitted that the petitioner, along with his father, floated a company in the name and style of AU Enterprises and SLV Enterprises by his brother misappropriated more than Rs.50 lakhs of the de-facto complainant company. Hence, the above case.

3.The learned counsel appearing for the petitioner is that the petitioner is an innocent person and he has been falsely implicated in this case. The petitioner appointed as Regional Manager in de-facto complainant Company station at Bangalore on 11.10.2021. The petitioner due to health 2/7

reasons resigned on 05.07.2024, he was relieved 11th September 2024, notice issued to the petitioner on 15.10.2024 to settle certain issues. Due to animosity against the petitioner, some vested interest person from the company regularly sending some communication which were regularly replied with details, finally the above case registered on 09.05.2025. The dispute during employment is given a criminal colour. He further submitted that the petitioner without prejudice to his defence is ready and willing to deposit a sum of Rs.30,00,000/- to the credit of Crime No.453 of 2025. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case.

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

6. Considering the facts and circumstances of the case, submissions made by the learned counsels on either side, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner shall deposit a sum of Rs.30,00,000/- (Rupees Thirty Lakhs only) to the credit of Crime No.453 of 2025 and on such deposit, the petitioner is ordered to be released 3/7

on bail on their 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, Sulur, Coimbatore 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., until further orders.

[c] The petitioner shall deposit a sum of Rs.30 Lakhs to the credit of Crime No.453 of 2025, is without prejudice to the petitioner right of defence, the de-facto complainant to file a Petition / Memo along with an undertaking affidavit to receive the deposited amount of Rs.30 Lakhs, which will be subject to the outcome of the above case, all this amount can be considered in other proceedings if any individual by the petitioner or any de-facto complainant.

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[d] In the event of any such application / memo filed by the de-facto complainant, the deposited amount of Rs.30 Lakhs to be handed over to the de-facto complainant, dispensing notice to the petitioner.

[e] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [f] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[g] 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;

[h] 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];

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[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 25.07.2025 nvi 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, Sulur, Coimbatore 2.The Inspector of Police, Sulur Police Station, Coimbatore..

3.The Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

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