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Madras High CourtCRL OP/35344/2025granted

Kannan v. The State Rep By Its,

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.12.2025

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Crl.O.P.No.35344 of 2025 Kannan ... Petitioner Vs.

The State represented by, The Inspector of Police, District Crime Branch, Tiruvallur Police Station, Thiruvallur (Crime No. 8 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023 to enlarge the petitioner on bail in Crime No.8 of 2025 on the file of the respondent police.

For Petitioner : Mr.S.Sasikumar For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 23.10.2025, for the alleged offence punishable under Sections 318(4) of BNS 2023 in Crime No.8 of 2025, on the file of the respondent police, seeks bail. 1/6

2. The case of the prosecution is that the petitioner who is an employee of Emarld Tyre manufacturing limited had created fake ID and swindled the company fund to the tune of Rs.6,90,324/-. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that the case is registered based on the false complaint given by the defacto complainant and that the petitioner is an innocent and no way connected with the alleged offence. He would further submit that the petitioner was arrested and is in judicial custody from 23.10.2025. Hence, he prayed bail for the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner had cheated the company fund to the tune of Rs.6,90,324/-. He further submitted that investigation has been completed and charge sheet also filed and there is no previous case pending against the petitioner. However, he opposed to grant bail to the petitioner.

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

6. Considering the rival submissions made by the learned counsel on either side and investigation has been completed and charge sheet also filed and there is no previous case pending against the petitioner and also 2/6

considering the period of his incarceration and also considering the period of his incarceration, this Court is inclined to grant bail to the petitioner, 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 learned District Cum Judicial Magistrate, Gummidipoondi , and on further conditions that:- [b] the petitioner shall report before the learned District Cum Judicial Magistrate, Gummidipoondi on the first working day of every English calender month 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;

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[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 smn/mtl 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 learned District Cum Judicial Magistrate, Gummidipoondi. 2The Inspector of Police, District Crime Branch, Tiruvallur Police Station, Thiruvallur 3.The Superintendent, Central Prison, Puzhal, Chennai 4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

smn/mtl Crl.O.P.No.35344 of 2025 26.12.2025 6/6