Nadeem Sheriff v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI and CRL MP(MD).No.7685 of 2025 Nadeem Sheriff, S/o.Nasrin Sheriff ..Petitioner/Sole Accused Vs The State of Tamilnadu rep.by The Inspector of Police, District Crime Branch, Madurai.
(Crime No.10 of 2025) ..Respondent/Complainant For Petitioner : Mr.S.M.A.Jinnah, Advocate.
For Respondent : Mr.Thanga Aravindh.B, Government Advocate (Crl.Side) For Intervenor : Mr.Sheik Ismail.S, Advocate PETITION FOR BAIL Under Sec.483 of BNSS 1/6
PRAYER :- For Bail in Crime No.10 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 12.04.2025 for the offences punishable under Sections 406, 408, 420, 465, 467, 468 and 471 of IPC in Crime No.10 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the de-facto complainant is the Senior Manager of Fullerton India Credit Company Limited, while the petitioner is serving as the Transaction Officer in the said company. It is alleged that the petitioner fraudulently misappropriated customer repayment amounts to the tune of Rs. 37,75,770/- by collecting payments from customers without updating their accounts or remitting the amounts to the company. Hence, the present case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 12.04.2025. Hence, he seeks bail.
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4. The learned counsel for the intervenor would submit that the petitioner has collected the amount from 74 customers and failed to remit the same to the company. Hence, he strongly objected to grant bail to the petitioner.
5. The learned Government Advocate (Criminal Side) would submit that the accused has collected a sum of Rs.37,75,770/- from 74 customers and issued a forged receipt to them and failed to remit the said amount to the company. Hence, he objected to grant bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the petitioner remanded into judicial custody on 12.04.2025, and that for the past 69 days he is under judicial custody, and that by this time most of the investigation would likely have been completed, this court is inclined to grant bail to the petitioner, subject to the following conditions:
6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Madurai and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the 3/6
surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] The petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate No.I, Madurai. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.I, Madurai; [c] the petitioner shall appear and sign before the respondent police daily twice i.e. at 10.30 a.m. and 05.30 p.m., until further orders. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the learned 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]. 4/6
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
7. Accordingly, this Criminal Original Petition is allowed. Consequently, the connected Criminal Miscellaneous Petition is closed. sd/- 19/06/2025 / TRUE COPY / 19/06/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
MKN TO 1 THE JUDICIAL MAGISTRATE NO.I MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI.
3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, MADURAI.
4 THE OFFICER INCHARGE, SUB JAIL, MELUR 5/6
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.9876 of 2025 and CRL MP(MD).No.7685 of 2025 Date :19/06/2025 SS/SAR- /19/06/2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6