Haridas v. The State Of Tamil Nadu, Represented By Its,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI
1. Haridas
2. Sudheeshkumar ..Petitioners/Accused Vs State of Tamil Nadu Rep by the Inspector of Police, Tenkasi DCB Police Station, Tenkasi District.
(Crime No.8 of 2025) ... Respondent/Complainant For Petitioners : Mr.S.Sudalaimani Advocate.
For Respondent : Mr.M.Karunanithi Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.8 of 2025 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioners / accused, who were arrested and remanded to judicial custody on 23.06.2025 for the offences under Sections 318(4), 340(2), 336(3) of BNS Act 2023 & Corresponding Offence under Sections 420, 471, 463 of IPC, in Crime No.8 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 05.12.2024, the petitioners along with other accused persons have created the fake letter of Authorization, as if, it was issued by the defacto complainant's company namely Dyuthi Venders Limited in the name of first accused and in turn the first accused by using the said letter of Authorization had executed sale deed in respect of 2 acres 71 cents belonging to the defacto complainant's company in favour of one Ganesan and thereby cheated the defacto complainant. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against the petitioners. He would further submit that the petitioners are in judicial custody from 23.06.2025. Hence, he seek bail.
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4. The learned Government Advocate (Criminal Side) would submit that the petitioners along with other accused persons have cheated the defacto complainant. He would further submit that there are no previous cases pending against the petitioners. He would further submit that the investigation is almost completed. Therefore, he opposed for grant of bail to the petitioners.
5. Taking into consideration of the facts and circumstances of the case and also the fact that the occurrence was taken place on 05.12.2024 and the complaint was given on 16.05.2025 and FIR was registered on 02.06.2025 and the petitioners were arrested on 23.06.2025 by this time most of the investigation has been completed and there is no previous cases pending against the petitioners and also consideration the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:
6. Accordingly, the petitioners are ordered to be released on bail on executing separate 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 Principal Sessions Judge, Tirunelveli, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb 3/5
Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] The petitioners shall furnish their residential address and mobile number to the learned Principal Sessions Judge, Tirunelveli. (c)If the petitioners changes their residential address, they shall report the same to the learned Principal Sessions Judge, Tirunelveli. [d] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders.
[e] the petitioners shall not abscond either during investigation or trial.
[f] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[g] On breach of any of the aforesaid conditions, the learned 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]. 4/5
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 25/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
msrm To
1. The learned Principal Sessions Judge, Tirunelveli.
2. The Superintendent, Central Prison, Palayamkottai.
3. The Inspector of Police, Tenkasi DCB Police Station, Tenkasi District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.12330 of 2025 Date :25/07/2025 PS/SAR.28.07.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5