Kumar v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR 1.Kumar 2.Shanmugam @ Johnraj ... Petitioners Vs.

The State represented by, The Inspector of Police, Rayakottai Police Station, Krishnagiri District.

(Crime No.145 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.145 of 2025 on the file of the respondent Police. For Petitioners :

Mr.P.M.Jayachandran For Intervener : Mr.C.Deepakkumar For Respondent :

Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 08.07.2025 for the offences punishable under Sections 316(2), 318(4) of BNS, in Crime No.145 of 2025 on the file of the respondent police, seeks bail. 1/4

2. The case of the prosecution is that the petitioners along with other accused gave false promise to the defacto complainant by stating that they have doubled the money will give by the complainant, for which, the defacto complainant gave a sum of Rs.10,00,000/- to the petitioners and that they have not returned the above said amount to the defacto complainant, thereby cheated him. Hence, the complaint.

3. The contention of the petitioners is that the petitioners are innocent and have been falsely implicated in this case. He further submitted that the petitioners are the friends of the defacto complainant and he never introduced the main accused A1 and A2. The defacto complainant himself approached the accused and gave Rs.10 lakhs for double of the amount and he brought the 1st petitioner with him. The 1st petitioner also attacked by the main accused, due to which, he sustained grievous injuries. He further submitted that no prejudice would be caused to the prosecution if the petitioners are granted bail, since the petitioners have no bad antecedents and hence, he prayed for grant of bail.

4. Learned counsel for the intervenor vehemently opposed for the grant of bail to the petitioners.

4. Learned Government Advocate (Criminal Side) appearing for the 2/4

respondent police reiterated the prosecution case and opposed for granting bail to the petitionesr. He submitted that there are totally seven accused in this case and the petitioners have been arrayed as A3 and A4. He further submitted that the investigation is at initial stage.

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

6. Considering the submissions made by the learned counsel appearing on either side and the gravity of the offence, this Court is not inclined to grant bail to the petitioners.

7. Accordingly, this Criminal Original Petition is dismissed. 04.08.2025 drl To

1. The Judicial Magistrate, Denkanikottai.

2. The Inspector of Police, Rayakottai Police Station, Krishnagiri District.

3. The Sub Jail, Krishnagiri.

4. The Public Prosecutor, High Court of Madras. M.NIRMAL KUMAR, J.

drl 3/4

04.08.2025 4/4