High Court · 2025

Crl.O.P.No.35411 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 30.12.2025CORAMTHE HON'BLE MR. JUSTICE P.DHANABALCrl.O.P.No.35411 of 2025S. Aravindhan ... PetitionerVs.The State rep. by itsThe Inspector of Police,Kavaraipettai Police Station,Tiruvallore District.(Crime No.188 of 2025).... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, 2023 to enlarge the petitioner on bail in connection with Crime No.188 of 2025 on the file of the respondent police.For Petitioner : Mr.M.Senthamizh Selvan For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)O R D E RThe petitioner, who was arrested and remanded to judicial custody on 31.10.2025 for the alleged offences punishable under Sections 316 (4) and 344 of BNS in Crime No.188 of 2025, on the file of the respondent police, seeks bail.1/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.35411 of 20252. The case of the prosecution is that the defacto complainant’s company, M/s.Ocean Lifespaces India Private Limited, is engaged in contract and construction works across India. One of its sister concerns is situated at Ponneri, Puduvayal, wherein the petitioner was employed as a Quantity Surveyor. Subsequently, the petitioner, along with the other accused, resigned from the said post in the month of May 2025. Thereafter, upon verification of the accounts, it was found that the petitioner, along with the other accused, had created forged contractor accounts and diverted company funds to a total sum of Rs.1,18,79,432/- to their relatives. Hence, the case. 3. The learned counsel appearing for the petitioner submitted that the respondent police have registered a false case against the petitioner for the alleged offence under Sections 316 (4) and 344 of BNS. He submitted that the petitioner appeared before the respondent police on 28.10.2025 for enquiry and thereafter, a false case was registered, pursuant to which, he was arrested and remanded to judicial custody on 31.10.2025. He also submitted that as per the prosecution case, the petitioner worked as a Senior Engineer from 19.08.2024 and was relieved from service on 28.05.2025. During the said period, it is alleged that the petitioner along with the other mismanaged the affairs of the company and misappropriated its funds. The learned counsel 2/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.35411 of 2025further submitted that the above said allegations are false and that the petitioner has not committed any offence as alleged in the FIR. He further submitted that two cars worth about 25 lakhs have already been seized by the respondent police, apart from seizure of original documents valued at about Rs.50 Lakhs. It is furthermore submitted that the bank accounts of the petitioner were frozen and properties worth about Rs.85 lakhs were also seized. The learned counsel for the petitioner further submitted that the petitioner is ready and willing to offer sureties for the alleged amount and therefore, he prayed for grant of bail.4. Learned counsel appearing for the Invervenor would submit that the petitioner, along with the other accused persons have mismanaged and manipulated the accounts of the defacto complainant’s company and misappropriated a sum of Rs.2 Crores and thereby, committed a serious offence and therefore, he strongly objected for grant of bail to the petitioner. 5. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner, who is working under the defacto complainant, along with others misappropriated the funds to the tune 3/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.35411 of 2025of Rs.2 Crores. He further submitted that the investigation is at initial stage and that the respondent police have seized some properties of the petitioner and that since the offence committed by him is grave in nature, he vehemently opposed for grant of bail to the petitioner. 5. Heard both sides and perused the materials available on record including the First Information Report.6. Considering the rival submissions made on either side and the nature of offence and that no previous case is pending against the petitioner and also the undertaking given by the petitioner that he would furnish security for the amount of Rs.1 Crore and also considering that the period of incarceration undergone by the petitioner, 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 District Munsif Cum Judicial Magistrate Court, Gummidipoondi, Tiruvallore District, and on further conditions that:-4/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.35411 of 2025[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders; [c] the petitioner shall produce the original property documents for a tune of Rs.1 Crore, standing either in the name of his family members or in the name of his close relatives; [d] 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; [e] the petitioner shall not abscond either during investigation or trial;[f] 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;[g] 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].5/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.35411 of 2025 [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. 30.12.2025(2/2)AnuNote:1. Registry is directed to forthwith upload this order in the Official Website of this Court.2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.To1.The District Munsif Cum Judicial Magistrate Court, Gummidipoondi, Tiruvallore District2.The Inspector of Police,Kavaraipettai Police Station,Tiruvallore District.3.The Superintendent, Central Jail Puzhal II4.The Public Prosecutor,High Court of Madras.6/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.35411 of 2025P.DHANABAL, J. AnuCrl.O.P.No.35411 of 202530.12.2025(2/2)7/7