Shekhar R Chaudhari v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). No.18902 of 2025 Shekhar R Chaudhari ... Petitioner/ Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, District Crime Branch, Trichy.

(Crime No.17 of 2025) ... Respondent/Complainant For Petitioner : Mr.T.Leninkumar For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For Intervenor : Mr.S.Ramsundar vijayaraj PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.17 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 19.09.2025 for the offences punishable under Sections 318(4), 316(5) and 61(2) of BNS 2023, in Crime No.17 of 2025 on the file of the respondent police. seeks bail.

2. The case of the prosecution is that the defacto complainant is a Joint Secreatary of Non-Delta Farmers and Rice Mill Federation. The petitioner along with other accused persons said that they procured the wheat from the farmers directly and willing to sell and hence, an agreement were entered with the accused person on seeing the wheat in the godown and a sum of Rs.2,18,40,000/- crore was credited by the defacto complainant and his firm through RTGS on two installments and they promised to export the wheat by the accused did not take steps to export the wheat to the defacto complainant and hence, he demanded either wheat or money and hence, the accused persons issued a cheque the said amount and the accused have insufficient funds in their accounts and the accused were not attended the phone calls of the defacto 2/6

complainant and the accused persons have cheated the defacto complainant by receiving a huge amount. 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 is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 19.09.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that there is no previous case pending as against the petitioner and the investigation is still pending. However, he opposed for grant of bail to the petitioner.

5. .The learned counsel for the Intervenor/defacto complainant submitted the petitioner along with other accused persons had received a huge amount and cheated the defacto complainant.. Hence, he strongly opposed for grant of bail to the petitioner.

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6. Taking into consideration of the facts and circumstances of the case and also the fact that it seems to be a business transaction and there is risk in any business that cannot be stated as dishonest 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::

7. 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 Judicial Magistrate No.1, Trichy, 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 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.

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[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) 29.10.2025 msrm To

1. The Judicial Magistrate No.I, Trichy,

2. The Superintendent, Central Prison, Trichy.

3.The Inspector of Police, District Crime Branch, Trichy.

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

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S.SRIMATHY,J.

msrm

ORDER

IN CRL OP(MD) No.18902 of 2025 Date : 29.10.2025 6/6