Ajay v. State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Ajay .. Petitioner Vs.
The State rep by The Inspector of Police Chidambaram Town Police Station Cuddalore District Crime No.200 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail pending investigation of the case in Crime No.200 of 2025 on the file of the respondent police.
For Petitioner :
M/s.M.Vijaya Ragavan For Respondent :
Mr.R.Vinoth Raja Government Advocate (Crl.side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 04.07.2025, for the offence punishable under Section 336(2), 336(3), 340(2), 318(4) and 61(2) of Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No. 200 of 1/7
2025, registered on the file of the respondent, seeks bail.
2. The case of the prosecution is that the Petitioner is the Branch manager of Manapuram Gold Finance Ltd. The Accused-1, 3 and 4 approached the Petitioner/Accused-2 seeking to re-pledge the jewels on the pretext that they already pledged the jewels with a small private finance company. If the repledged loan amount is given in advance, the amount will be paid to the private finance company which will be re-pledged to the Manapuram Finance Ltd. Now, it is seen that the petitioner in conspiracy with other Accused had created documents and had obtained Rs.13,00,000/- as loan and this amount was not utilised for redeeming any jewel. On the other hand, the entire money was collected through ATM and the amount had been shared among themselves.
3. The contention of the petitioner is that he had sent a staff along with Accused-1, 3 and 4. All the three had collected the money and fled away. To show his bonafide, the learned Counsel for the petitioner Counsel without prejudice to right and contention of the defense, is ready to deposit Rs.2,50,000/- to the credit of the account.
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4. Learned counsel appearing for the petitioner also 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 04.07.2025. 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.
5. Learned Government Advocate (Crl.side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the petitioner had colluded with the other accused and committed the offence. He also submitted that the Accused-3 and Accused-4 were absconded. Hence, he strongly opposed to grant bail to the petitioner.
6. Heard both sides and perused the materials available on record.
7. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, considering the period of incarceration undergone by the petitioner, this Court is inclined to 3/7
grant bail to the petitioner with certain conditions.
8. 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, Chidambaram 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 is directed to deposit a sum of Rs.2,50,000/- (Rupees Two lakhs fifty thousand only) to the credit of Crime No.200 of 2025 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.
[d] the petitioner shall make himself available for 4/7
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 petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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. 28.07.2025 Shl Note:
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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-II, Chidambaram, Cuddalore District.
2. The Inspector of Police Chidambaram Town Police Station Cuddalore District
3. The Superintendent, Sub-Jail, Chidambaram.
4. The Public Prosecutor, High Court, Madras.
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M.NIRMAL KUMAR, J.
Shl 28.07.2025 7/7