Thansin Rahman v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.10.2024

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL CRL OP.No.25069 of 2024 Thansin Rahman ... Petitioner / Accused-3 Vs State rep. by The Inspector of Police, Podhanur Police Station, Coimbatore District.

(Crime No.180 of 2024) ... Respondent PRAYER: - The Criminal Original Petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS) 2023, praying to enlarge the Petitioner on bail in Crime No.180 of 2024 on the file of the respondent police.

For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.S.Vinoth Kumar Government Advocate (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 05.09.2024, for the offences punishable under Sections 316(2) and 1/6

318(4) of BNS, 2023, in Crime No.180 of 2024, on the file of the respondent, seeks bail.

2.The case of the prosecution is that the defacto complainant is doing wholesale business of selling turmeric powder and chilli powder. A1 approached the defacto complainant and placed an order for supply of goods and he assured that he will pay amount after receiving the goods. Believing the words, the defacto complainant supplied the goods to the tune of Rs.12,10,000/- and as per the instruction given by A1, goods have been delivered to his godown and thereafter, the petitioner went to the godown and sold the goods to third party and failed to pay the amount to the defacto complainant and thereby cheated the defacto complainant. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is no way connected with the alleged offence and there is no previous case against the petitioner. He would further submit that the petitioner has been in custody from 05.09.2024. He would further submit that the petitioner is ready to abide 2/6

by any stringent condition that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) would submit that the petitioner along with the other accused, in order to sell turmeric powder and chilli powder, placed an order with the defacto complainant's wholesale shop and thereafter, after receipt of goods, the accused failed to pay for the said purchase and sold the goods to third party. He would further submit that there is no previous case against the petitioner. However, he vehemently opposed to grant bail to the petitioner. 5.Heard both side learned counsel and perused the materials available on record.

6.Considering the nature of offences charged against the petitioner and that there is commercial dispute pending between the parties in respect of supply of goods and also considering the number of days of incarceration undergone by the petitioner and that no previous case is pending against the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions: 3/6

[a] Accordingly, the Petitioner is ordered to be released on bail on condition to execute 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 District Munsif cum Judicial Magistrate, Madukkari, and on further conditions that;

[b] the Petitioner shall report before the respondent police daily at 10.30 a.m., for a period of 30 days and thereafter, as and when required for interrogation.

[c] the Petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

[e] the Petitioner shall not abscond either during investigation or trial;

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the Petitioner in accordance with law as if the 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)AIR SCW 5560]; and [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

15.10.2024 ata 4/6

To 1.The District Munsif cum Judicial Magistrate, Madukkari. 2.Central Prison, Coimbatore.

3.The Inspector of Police, Podhanur Police Station, Coimbatore District.

4.The Public Prosecutor, High Court, Madras.

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P.DHANABAL ,J.

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