Kannan vs State

P.Dhanabal, J

The petitioner, who was arrested and remanded to judicial custody on 23.10.2025, for the alleged offence punishable under Sections 318(4) of BNS 2023 in Crime No.8 of 2025, on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner who is an employee of Emarld Tyre manufacturing limited had created fake ID and swindled the company fund to the tune of Rs.6,90,324/-. Hence, the complaint.

Learned counsel appearing for the petitioner submitted that the case is registered based on the false complaint given by the defacto complainant and that the petitioner is an innocent and no way connected with the alleged offence. He would further submit that the petitioner was arrested and is in judicial custody from 23.10.2025. Hence, he prayed bail for the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner had cheated the company fund to the tune of Rs.6,90,324/-. He further submitted that investigation has been completed and charge sheet also filed and there is no previous case pending against the petitioner. However, he opposed to grant bail to the petitioner.

Heard both sides and perused the materials available on record including the First Information Report.

Considering the rival submissions made by the learned counsel on either side and investigation has been completed and charge sheet also filed and there is no previous case pending against the petitioner and also considering the period of his incarceration and also considering the period of his incarceration, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

[a] Accordingly, the petitioner is ordered to be released on bail on his 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 District Cum Judicial Magistrate, Gummidipoondi , and on further conditions that:-

[b] the petitioner shall report before the learned District Cum Judicial Magistrate, Gummidipoondi on the first working day of every English calender month at 10.30 a.m., until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

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