M.Dinesh vs State Of Tamil Nadu

S.Srimathy, J

The petitioner, who was arrested and remanded to judicial custody on 27.08.2025 for the offences punishable under Sections 316(2), 318(4), 323, 60, 191(2) of BNS, in Crime No.451 of 2025, on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner and other accused have cheated the poor people in the guise of arranging bank loan, and they have opened bank accounts in their name and also using their address and Aadhar card, they bought many SIM cards and by using the SIM cards, they have cheated many people to arrange online job for them and looted money from them. Hence, the complaint.

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 driver of the vehicle and he is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks bail to the petitioner.

The learned Additional Public Prosecutor submitted that the the case is transferred to Cyber Crime Branch, Thanjavur and the petitioner has complied the conditions imposed in the interim bail. However, he opposed for grant of bail to the petitioner.

Considering the facts and circumstances of the case and the case is now transferred to Cyber Crime Branch, Thanjavur and considering the nature of offence and the specific overtact against the petitioner, and the petitioner is complying the conditions imposed in the interim bail regularly, the interim bail already granted is made absolute and this Court is inclined to grant bail to the petitioner, with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that each of the petitioner shall execute 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, Thiruvidaimaruthur, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that:

[a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

[b] the petitioner shall appear before the respondent police once in 15 days, ie., on the 1st and 15 working day or any Saturday or Sunday once in 15 days at 10.30 a.m., until further orders;

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

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

[f]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 is 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 of BNS.