T.Gobinath vs State Of Tamilnadu

S.Srimathy, J

The petitioner, who was arrested and remanded to judicial custody on 04.11.2025 for the offences punishable under Sections 316(4) of BNS, in Crime No. 225 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that the defacto complainant is one Mr.T.R.Balasundram, Manager of DJ Alagendran Automobiles Pvt., Ltd., and the 1st accused is in-charge of the 1st floor of the company and when checking the stock list, it was found that the 1st accused sold the things and received money through his bank account by returning the product from the customers with the help of the 2nd accused and they did not pay the amount into the account of the company and they swindled the money from the company. The occurrence happened in between the period from 15.11.2022 to 04.08.2025. Thereafter, a case was registered against the accused. 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 in judicial custody from 04.11.2025. Hence, he seeks bail to the petitioner.

The learned Additional Public Prosecutor submitted that the petitioner has no previous cases. However, he opposed for grant of bail to the petitioner.

Taking into consideration of the facts and circumstances of the case and considering the fact that the petitioner has no previous cases, and considering the nature of offence, 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:

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) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Trichy, and on further conditions that :-

[a] the petitioner and the sureties shall affix their photographs and left [c] the petitioner shall report before the respondent police daily 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 BNS.