Babu v. The State Of Tamil Nadu Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/10/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Babu ... Petitioner/Accused Vs The State of Tamil Nadu Rep, By, the Inspector of Police, Thanjavur DCB Police Station, Thanjavur District Crime No.19 of 2025. ... Respondent/Complainant For Petitioner : Mr. M.Pitchai Muthu Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar 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. ORDER : The Court made the following order :- 1/6

The petitioner, who was arrested and remanded to judicial custody on 17.08.2025 for the offences punishable under Sections 316(2), 318(4) of BNS, 2023, 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 persons mis appropriated 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 and 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 working in petrol bunk as a pumping man and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 17.08.2025. Hence, he seeks bail to the petitioner. 2/6

4. The learned Additional Public Prosecutor submitted that A1 has already been granted bail by this Court vide order, dated 26.09.2025 in Crl.O.P(MD).No.16415 of 2025. He further submitted that the investigation of the case is pending and hence, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and that the co-accused has already been released on bail and also considering 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Thanjavur, 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.

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

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

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] 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].

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

(S S Y J) 14.10.2025 TRP 4/6

TO

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

2. Do-Through The Chief Judicial Magistrate, Thanjore District.

3. The Superintendent, District Prison, Pudukkottai.

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

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

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S.SRIMATHY,J TRP

ORDER

IN CRL OP(MD) No.17657 of 2025 Date : 14/10/2025 6/6