V.Raja v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.10.2025 PRESENT THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN CRL OP(MD)No.16821 of 2025 V.Raja ... Petitioner Vs The State of Tamil nadu rep., by its The Inspector of Police, Thanjavur DCB Police Station, Thanjavur District.

Crime No.19 of 2025 ... Respondent For Petitioner : Mr.R.Maheswaran For Respondent : Mr.A.Thiruvadikumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER:- For Bail in Crime No.19 of 2025 on the file of the respondent police.

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ORDER: The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 17.08.2025 for the offences punishable under Sections 316(2) and 318(4) of BNS in Crime No.19 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner, along with other accused misappropriated a sum of Rs.24,50,314/- from the account of a petrol bunk by recording inflated amounts for fuel allegedly filled in certain vehicles. On enquiry with the owners, the defacto complainant found that some of those vehicles had not been functioning for over two years. 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 co-accused has already been enlarged on bail by this Court in Crl.O.P(MD).No.16415 of 2025 dated 26.09.2025. The petitioner has been in custody from 2/6

17.08.2025 and he is ready to abide any condition to be imposed by this Court. Hence, he seeks bail to the petitioner. 4.The learned Additional Public Prosecutor submitted that the petitioner along with other accused persons, had misappropriated a sum of Rs.24,50,314/-. Therefore, he opposed for grant of bail to the petitioner.

5.Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner and the co-accusd has already been enlarged on bail in Crl.O.P(MD).No.16415 of 2025 dated 26.09.2025, 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 Court No.I, Thanjavur, and on further conditions that :- 3/6

[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.I, Thanjavur.

[c] If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate Court No.I, Thanjavur.

[d] the petitioner shall appear before the respondent police twice in a week i.e., on every Monday and Friday at 10.30 a.m., until further orders.

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

[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 4/6

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.

(M J R J) 03.10.2025 Rmk/vsg To

1. The Judicial Magistrate Court No.I, Thanjavur.

2. The Officer in-charge, District Jail, Pudukkottai.

3.The Inspector of Police, Thanjavur DCB Police Station, Thanjavur District.

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

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M.JOTHIRAMAN ,J.

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