Balaji v. The State of Tamil Nadu

Madras HC30 Jan 2025CRL OP(MD)/1867/2025

Case brief

AI extract

What is this about?

Bail granted in cheating case (Sections 420, 406 IPC) where petitioner invested Rs.32 lakhs in Big Wallet Company; petitioner incarcerated since 30.12.2024, no prior cases; bail on Rs.10,000 bond with sureties and reporting conditions.

What did the court decide?

Bail granted subject to conditions. ¶¶28-¶38

Balaji Vs The State of Tamil Nadu — Cheating and Forgery | Madras HC (2025)

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CRL.O.P.(MD)No.1867 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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[Criminal Jurisdiction]

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Date : 30.01.2025

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PRESENT

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THE HON`BLE MR.JUSTICE N.ANAND VENKATESH

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CRL.O.P.(MD)No.1867 of 2025

Balaji

... Petitioner/A1

The Tamil Nadu State rep. by The Inspector of Police, District Crime Branch, Trichy District. (Crime No.22 of 2024)

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... Respondent/Complainant

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For petitioner : Mr.R.L.Dhilipan Pandian, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor

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PETITION FOR BAIL Under Sec.483 of BNSS, 2023

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PRAYER :-

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For Bail in Crime No.22 of 2024 on the file of the respondent Police.

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https://www.mhc.tn.gov.in/judis

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CRL.O.P.(MD)No.1867 of 2025

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ORDER : The Court made the following order :-

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The petitioner/A1 who was arrested and remanded to judicial custody on 30.12.2024 for the alleged offences under Sections 420 and 406 of IPC, in Crime No.22 of 2024, on the file of the respondent police, seek bail.

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The case of the prosecution is that A1 and the de facto complainant are known to each other. The accused persons asked the de facto complainant to invest in his Big Wallet Company and promised to pay him profit within a short term. Believing the same, the de facto complainant invested a total sum of Rs.32,00,000/-. However, the accused persons did not return the investment money or the profit and thereby cheated the de facto complainant. There are totally 3 accused persons in this case. The petitioner has been arrayed as A1.

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Heard the learned counsel on either side and perused the material records of the case.

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Taking into consideration the facts and circumstances of the case and

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considering the nature of transaction between the parties and taking note of the fact https://www.mhc.tn.gov.in/judis

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CRL.O.P.(MD)No.1867 of 2025

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that the petitioner has suffered incarceration from 30.12.2024 and there are no previous cases against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

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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 Judicial Magistrate No.I, Trichy and on further conditions that:-

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[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.

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[b] the petitioner shall report before the respondent police, on every Friday at

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10.30 p.m., for a period of 4 weeks and thereafter, as and when required for interrogation.

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioner shall not abscond either during investigation or trial. https://www.mhc.tn.gov.in/judis

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CRL.O.P.(MD)No.1867 of 2025

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[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].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

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sd/30/01/2025 / TRUE COPY /

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30/01/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

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JEN TO

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