Sudhakaran v. The State Of Tamilnadu Rep By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Sudhakaran

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, City Crime Wing Tenkasi District.

(Crime No. 58 of 2025 )

...Respondent/Complainant

For Petitioner : Mr.R.L.Dilipan Pandian for Mr.R.Yeswanth Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 58 of 2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 01.02.2026 for the offences punishable under Section 318(4) of BNS, 2023 and Section 66D of the Information Technology Act in Crime No. 58 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and the other accused fraudulently received money from the defacto complainant and other victims for investment. However, they did not return the amount. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner and A1 are known each other and A1 used to transfer amount to the petitioner's bank account and withdraw the same himself and there is no other allegation as against the petitioner. He would further submit that he has been arrested and remanded to 2/6

judicial custody on 01.02.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that some of the accused were detained under Act 14 of 1982 and A1 is still abscond and the petitioner has no previous case. He would further submit that the investigation is pending and the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioner.

5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the facts that as per the prosecution case, the amount was transferred by A1 to the petitioner's bank account and thereafter, withdrawn the same and apart from that, there is no specific allegation as against the petitioner and the petitioner has no previous case and also considering the period of incarceration 3/6

undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 Judicial Magistrate, Tenkasi, and on further conditions that: [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. [c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she 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 her from disclosing such facts to the Court or to any police officer or tamper with 4/6

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.

(P D B J) 25.03.2026 apd To 1.The Judicial Magistrate, Tenkasi.

2.The Inspector of Police, City Crime Wing Tenkasi District.

3. The Superintendent, Central Prison, Palayamkottai, Tirunelveli. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

P. DHANABAL, J apd

ORDER

IN CRL OP(MD) No. 5900 of 2026 Date : 25.03.2026 6/6