B. Siddharth v. The State Of Tamil Nadu Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.07.2025 PRESENT THE HONOURABLE MR. JUSTICE P.VADAMALAI B.Siddharth ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Kulithalai Police Station, Karur District.

(Crime No.409 of 2025) ... Respondent/Complainant For Petitioner : Mr.N.Shyllappakalyan For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.409 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 01.07.2025 for the offences punishable under Sections 318(4), 296(b), 351(2) of BNS 1/6

Act, in Crime No.409 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant has approached the accused persons regarding the old used car through their uncle for his official purpose of agricultural activities. Further, the accused persons have given two cars to the defacto complainant for lease purpose. Thereafter, the defacto complainant has transferred the amount of Rs.5,98,500/- to this petitioner and Rs.6,00,000/- to the 2nd accused. Furthermore, the accused persons wanted the cars back and informed the defato complainant that they will repay the amount of Rs.11,98,500/- On receipt of the cars, the accused persons have not repaid the amount to the defacto complainant and cheated him and abused him in filthy language and threatened him with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner was also cheated by one Tamilarasan who is the 2nd accused and the petitioner has lodged a complaint before the Sulur Police Station, Coimbatore and the Police Department has issued petition receipt in CSR.No.10 of 2025. He further submitted that the 2nd accused has swindled 2/6

the amount to the tune of Rs.6,28,500/- from the petitioner. He further submitted that there is no previous case pending against the petitioner. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner along with other accused persons have received the a sum of Rs.11,98,500/- from the defacto complainant and cheated him. He further submitted that A2 had already been arrested and remanded to judicial custody. Hence, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that on the date of occurrence on 07.11.2024 and FIR was registered on 01.07.2025 and also taking note of the fact that the investigation has been completed and also consideration of the period of incarceration suffered by the petitioner, 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 3/6

sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court No.2, Kulithalai, Karur, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb 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 petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate Court No.2, Kulithalai, Karur. © If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate Court No.2, Kulithalai, Karur.

[d] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[e] the petitioner shall not abscond either during investigation or trial.

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[f] the petitioner 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 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 23/07/2025 / TRUE COPY / 24/07/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

msrm To

1. The Judicial Magistrate No.2, Kulithalai, Karur.

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2. Do Through The Chief Judicial Magistrate, Karur.

3. The Officer In-charge, Sub Jail, Kulithalai.

4. The Inspector of Police, Kulithalai Police Station, Karur District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.N.SHYLLAPPA KALYAN, Advocate ( SR-7969[I] dated 24/07/2025 )

ORDER

IN CRL OP(MD) No.12383 of 2025 Date :23/07/2025 HPS/24.07.2025 /6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6