Sam Ezra v. The State Rep By , The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.12.2025

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Crl.O.P.No.35888 of 2025 Sam Ezra ... Petitioner Vs.

The State represented by, The Inspector of Police, R-10 MGR Nagar Police Station, Chennai.

(Crime No. 92 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.92 of 2025 on the file of the respondent police.

For Petitioner : Mr.R.Sebastian Raj 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 12.11.2025 for the alleged offence punishable under Sections 316(2) and 318(2) of BNS in Crime No.92 of 2025, on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the petitioner, along with his father and sister, received a sum of Rs.5,50,000/- from the defacto complainant under the guise of letting out their property on lease. It is alleged that the petitioner neither returned the said amount nor handed over the keys to the leased portion, thereby cheated the defacto complainant. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case and he has not committed any offence as alleged in the FIR. He further submitted that the petitioner was arrested and is in judicial custody from 12.11.2025. Hence, he prayed bail for the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there are totally three accused in this case and the petitioner herein is ranked as A1. He further submitted that the petitioner has no previous case and that the 2/6

investigation is still pending. Hence, 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 on either side, the nature of the offence, considering the relationship between the parties, there is a property dispute 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 XXIII Metropolitan Magistrate, Saidapet, Chennai, 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.

[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;

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[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.

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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 XXIII Metropolitan Magistrate, Saidapet, Chennai.

2.The Inspector of Police, R-10 MGR Nagar Police Station, Chennai.

3.The Superintendent, Saidapet Sub Jail, Chennai.

4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

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