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Madras High CourtCRL OP/35270/2025granted

Senthilkumar v. The State Rep By Inspector Of Police

2025-12-26Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. Senthilkumar S/o. Kumaran, No.23, Viswanathan Line 2nd Street, Ambalal Nagar, Penyapet, Vaniyambodi Taluk, Tirupattur District.

Petitioner(s) Vs

1. The State rep by Inspector of Police Vaniyambodi Town Police Station, Tirupattur District. Crime No.214/2025.

Respondent(s) PRAYER To enlarge the petitioner in Crime No.214/2025 pending investigation on the file of the respondent.

For Petitioner(s):

E.Kannadasan R.Thulasi S.

Priyadharshini A. Ajay T.

Madhan Raj P.Agnes Samantha Ophelie For Respondent(s):

Mr.S.Vinothkumar Government Advocate (crl.Side) Mr.G.Vinothkumar For Intervener:

ORDER

The Petitioner, who was arrested on 13.11.2025 for the alleged offence punishable under Sections 316(2), 318(4) of BNS 2023 (Under Sections 406, 420 of IPC) in Crime No.214 of 2025, on the file of the respondent police, seek bail.

2.The case of the prosecution is that the petitioner induced the defacto complainant to invest money in the business and received a sum of Rs. 21 lakhs from him. Thereafter, the petitioner had not returned back the amount and they have closed down the business and cheated the defacto complainant. Hence, the case.

3. The learned counsel for the petitioner would contend that the respondent police have registered a false case against the petitioner for the offences punishable under Sections 316(2), 318(4) of BNS 2023 (Under Sections 406, 420 of IPC) and he was arrested and remanded to judicial custody on 13.11.2025. In fact, the petitioner is a innocent and he has not committed any offence as alleged by the prosecution. Therefore prayed to grant bail to the petitioner.

4. The learned counsel for the intervenor raised strong objection for grant of bail to the petitioner.

5. The learned Government Advocate (Criminal Side) would submit that the petitioner and other accused induced the defacto complainant to invest money in the business and thereafter failed to return back the money. He further submitted that this Court has already granted bail to the co-accused and there is no previous cases pending against these petitioner. However, he strongly opposed to grant bail to the petitioner.

6. Heard both sides and perused the materials available on record including the First Information Report.

7. Considering the rival submissions made by the learned counsel on either side, nature of offence committed by the petitioner and there is no previous cases pending against the petitioner and also taking note of the fact that bail was granted to the co-accused and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioners, subject to certain conditions.

[a] 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 Judicial Magistrate, Vaniyambodi, and on further conditions that:- [b] the petitioner shall report before the respondent police on every

saturday at 10.30 a.m. until further orders.

[c] the petitioner shall not commit any offence 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 abscond either during investigation or trial; [e] 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 or tamper with the evidence;

[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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

26.12.2025 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl / smn 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 Inspector of Police, Vaniyambodi Town Police Station, Tirupattur District

2. The Judicial Magistrate, Vaniyambodi 3.The Superintendent, Sub Jail, Vaniyambodi 4.The Public Prosecutor, High Court of Madras.

P.DHANABAL J.

smn CRL OP No. 35270 of 26-12-2025