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Judgment
13 paragraphs · 463 wordsS.Srimathy, J
The petitioner/Accused No.4, who was arrested and remanded to judicial custody on 22.09.2025 for the offences punishable under Sections 406, 420 and 120(B) of I.P.C. and Section 5 of TNPID Act, in Pc.No.25 of 2013 on the file of Special Court under TNPID Act, 1997, Madurai, seeks bail.
2.The case of the prosecution is that the petitioner along with other accused were running a financial establishment in the name of zara finance and swindled huge money from the depositors. Therefore, the aforesaid crime was registered and was taken cognizance as C.C.No.25/2013 on 30.01.2013. In the above case NBW was issued, on 13.11.2024 for his non-appearance on the date of hearing. Hence, NBW was executed on 22.09.2025 and petitioner remanded in judicial custody. The bail petition filed in Cr.M.PNo.555/2025 in C.C.No.25/2013 was dismissed on 17.10.2025. Hence, this case.
The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 22.09.2025. Further, the petitioner has submitted his medical records wherein it is stated that he is suffering from cyst. Therefore, he prays for grant of bail.
The learned Additional Public Prosecutor appearing for the respondent police opposed for grant of bail. Further, it is a case of jumped out bail and out of 185 witnesses 130 witnesses were examined.
5.Considering the fact that the trial may take few more months and also considering the medical condition of the petitioner, this Court is inclined to grant bail to the petitioner on certain conditions.
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 Special Court under TNPID Act, Madurai, and on further conditions that,
a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;
b)the petitioner shall report before the Trial Court daily at 10.30 a.m., until further orders;
c)the petitioner shall not tamper with evidence or witness;
d)the petitioner shall not abscond during 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 of BNS.
