S.Rajamani v. The State Rep. By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR S.Rajamani Petitioner(s) Vs The State Rep. by The Inspector of Police CBCID, Krishnagiri. Cr.No. 2/2025.
Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail in Crime No. 2/2025 on the file of the Inspector of Police, CBCID, Krishnagiri.
For Petitioner(s):
Mr.G.Saravanakumar For Respondent(s):
Mr. A. Gopinath Government Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 06.11.2025, for the offences punishable under Sections 120 (b), 465, 468, 471, 420 of IPC, Section 3 & 5 of Emblems and Names Prevention of Improper Use Act 1950, in Crime No.2 of 2025, registered on the file respondent police, seeks bail.
2.The allegation against the petitioner/A2 is that the petitioner along with others, induced the defacto complainant to invest Rs.1 lakh, promising Rs.1 Crore returns, thereby collected totally Rs.31.81 lakhs, and cheated him. Hence, the case.
3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He submitted that the petitioner/A2 is the father of A1 and on account of this relationship, the respondent police has falsely implicated the petitioner in this case and the petitioner is in judicial custody from 06.11.2025.
He further submitted that petitioner is a law abiding citizen and he is only breadwinner of his family and he is ready to abide the condition if any to be imposed by this Court, Hence, he prayed for the grant of bail to the petitioner. 4.The learned Government Advocate (Crl.Side) for the respondent police reported that out of six accused three accused have arrested and so far no amount has been recovered and three more accused are absconding in this case. He further submitted that as far as the petitioner is concerned, he collected Rs.3 lakhs from the defacto complainant and same was cheated and the investigation is pending in this case. Hence, he opposed for grant of bail to the petitioner. 5.Considering the fact that the petitioner is in judicial custody from 06.11.2025 and it is also alleged that the petitioner has received only Rs.3 lakhs by way of cash and subsequently failed to give the returns and also the fact that there is no previous cases pending against the petitioner, I am inclined to grant bail to the petitioner, subject to certain conditions:
7. 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, for a like sum to the satisfaction of the learned Judicial Magistrate-1, Krishnagiri 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 daily at 10.30 a.
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];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
02-12-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes 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 State Rep. by The Inspector of Police CBCID, Krishnagiri. Cr.No. 2/2025.
2.The Judicial Magistrate-I, Krishnagiri.
3.The Sub Jail, Dharmapuri.
4.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR J.
gbi CRL OP No. 32879 of 02-12-2025