Jayapal v. State Rep By, The Sub Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2025
CORAM
THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Jayapal ... Petitioner Vs.
State Rep. by:
The Sub-Inspector of Police, District Crime Branch, Tiruvannamalai Police Station, Tiruvannamalai District.
(Crime No.11 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.11 of 2025 pending investigation on the file of the respondent police. For Petitioner :
Mr.A.Arun For Respondent :
Mr.A.Gopinath Government Advocate (Crl. Side) 1/6
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 11.08.2025, for the offence punishable under Sections 147, 342, 294(b), 506(1), 406 and 420 of IPC in Crime No.11 of 2025, registered on the file of the respondent, seeks bail.
2. The case of the prosecution is that the de facto complainant alleged that the land and money donated for constructing a Yatri Niwas were misappropriated by this petitioner while he was holding the office of Dharmakartha of the said temple. Nearly Rs.10,00,000/- is alleged to have been cheated from the de facto complainant. Hence, the present complaint.
3. The learned Government Advocate (Crl. Side) appearing for the respondent police opposed the grant of bail to the petitioner and submitted that the investigation in this case has been completed and the final report was filed before the learned Judicial Magistrate No.I, Tiruvannamalai, on 18.08.2025.
4. Heard both sides and perused the materials available on record. 2/6
5. Considering the fact that the investigation has been completed and the custody of the petitioner is no more required, this Court is inclined to grant bail to the petitioner, subject to certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Tiruvannamalai, 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 learned Judicial Magistrate No.I, Tiruvannamalai, everyday Monday at 10.30 a.m., until further orders; [c] 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 3/6
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];
[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 02.09.2025 cda 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 No.I, Tiruvannamalai. 2.The Sub-Inspector of Police, District Crime Branch, Tiruvannamalai Police Station, Tiruvannamalai District.
3.The Central Prison, Vellore.
4.The Public Prosecutor, High Court of Madras.
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Dr.G.JAYACHANDRAN, J.
cda 02.09.2025 6/6