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Madras High CourtCRL OP/35449/2025granted

Immanuel v. The State Rep By,

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.35449 of 2025

1. Immanuel

2. Shyamala Devi ... Petitioners Vs.

The Inspector of Police, Palavanthangal Police Station, St. Thomas Mount, Chennai (Crime No.384 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. 384 of 2025 on the file of the The Inspector of Police, Palavanthangal Police Station, St. Thomas Mount, Chennai.

For Petitioner : Mr.C.D. Sugumar For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side)

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 21.11.2025, for the alleged offence punishable under Sections 420 and 406 of IPC in Crime No.384 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioners pretended themself as that they are running a trust and borrowed a sum of 1/6

Rs.25,00,000/- from the defacto complainant and thereafter failed to repay the same. Hence, the complaint.

3. Learned counsel appearing for the petitioners submitted that the case is registered based on the false complaint given by the defacto complainant and that the petitioners are innocent and no way connected with the alleged offence. He would further submit that the petitioner was arrested and is in judicial custody from 21.11.2025. Hence, he prayed bail for the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner had cheated the money of the defacto complainant to a tune of company fund to the tune of Rs.25,00,000/ 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 petitioners 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 petitioners, subject to certain conditions.

[a] Accordingly, the petitioners are ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Aalandur and on further conditions that:- [b] the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

[c] the petitioners 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 petitioners shall not abscond either during investigation or trial; [e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 Judicial Magistrate No.1, Aalandur 2The Inspector of Police, Palavanthangal Police Station, St. Thomas Mount, Chennai 3.The Superintendent, Puzhal, Central Prison, Chennai 4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

smn/mtl Crl.O.P.No.35449 of 2025 26.12.2025 6/6