High Court · 2025

CRL OP(MD).No.10999 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 09/07/2025PRESENTThe HONOURABLE MR. JUSTICE P. VADAMALAICRL OP(MD).No.10999 of 2025andCRL.M.P(MD) No.8895 of 2025Humayun,S/o.Shan Patcha .. Petitioner/Sole Accused VsThe State represented byThe Inspector of Police,Tanjore Town East Police Station,Tanjore,Tanjore District. (Crime No.117 of 2025) .. Respondent/Complainant For Petitioner : Mr.R.Sundar, Advocate. For Respondent : Mr.Thanga Aravindh.B, Government Advocate (Crl.Side) For Intervenor : Mr.A.Azhageson PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :- For Bail in Crime No.117 of 2025 on the file of the Respondent Police.1/8 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.10999 of 2025ORDER : This Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicialcustody on 08.05.2025 for the offences punishable under Sections 316 (2) and 318(4)of the Bharatiya Nyaya Sanhita 2023 in Crime No.117 of 2025 on the file of therespondent police, seeks bail. 2. The case of the prosecution is that on 30.08.2023, the petitioner cheated the de-facto complainant Ganesan by taking his nine tipper lorries on contract basis, but hedid not act as per contract and he changed the chassis number of the tipper lorryand sold it to a third party and thereby, he committed the offences alleged. Hence,the present case.3. The learned counsel for the petitioner submitted that the de-factocomplainant entered into a vehicle agreement with the petitioner on 30.08.2023.Further, Ten days after the agreement, 10.09.2023, yet another agreement wasentered into between them. The de-facto complainant handed nine Tipper Lorries tothe petitioner through the above two vehicle agreements. The petitioner submits2/8 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.10999 of 2025that on the execution date of the above mentioned first agreement, the petitioner hasgiven a sum of Rs.15,00,000/- (Fifteen Lakh). The total sale consideration hasbeen fixed at Rs.1,10,00,000/- (One Crore Ten Lakh). As per the terms of saidagreement, the remaining balance sale consideration, namely Rs.95,00,000/-(Ninety Five Lakh) is to be treated as a loan repayable by the petitioner with 24%per annum. As per the terms and conditions of said agreement, the petitioner has topay a sum of Rs.1,90,000/- (Rupees One Lakh Ninety Thousand only) as interestif at all the petitioner pays the excess amount, and the same will be credited to theprincipal loan amount. He further submits that the defacto complainant hasbreached the terms and conditions of the above agreements. However, the defactocomplainant has insisted on paying the said amount as per the terms andconditions of the said agreements. Further, the defacto complainant has threatenedthe petitioner with dire consequences. He would further submit that the petitioner isan innocent person and he has not committed any offences as alleged by theprosecution. The petitioner is no way connected with the case, a false case has beenlodged as against the petitioner. The petitioner is ready and willing to abide anyconditions that may be imposed by this Court. He would further submit that thepetitioner is in custody from 08.05.2025. Hence, he seeks bail.3/8 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.10999 of 20254. The learned Government Advocate (Criminal Side) would submit that thedefacto complainant owner of the lorry and he was cheated by the petitioner. Hewould further submit that 5 lorries were handed over to the defacto complainantand 3 lorries were under the custody of the respondent police and one lorry wasdamaged by the accused person and sold it to third party. He would further submitthat the investigation is almost completed. However, he objected to grant bail to thepetitioner. 5. The learned counsel for the Intervenor would submit that the petitioner hadcheated the defacto complainant and he has threatened him with dire consequences.He further submitted that Only 9 lorries were handed over to the accused persons asper the agreement. At this juncture, the defacto complainant had received a phonecall from the Nanguneri Police station and he came to know that his one of the lorrywas captured by the said police officials for the reason that his lorry's original chasenumber was changed into another number and the petitioner/accused whocommitted the illegal activities. Hence, the defacato complaint has given a complaintbefore the respondent police. He would further submit that if the petitioner isreleased on bail, he may abscond and tampering the witnesses and threatened thedefacto complainant. Hence, he objected for grant of bail to the petitioner.4/8 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.10999 of 20256. Taking into consideration of the facts and circumstances of the case and alsotaking note of the fact that some of the vehicles have been recovered and theinvestigation is almost completed and also considering the period of incarcerationsuffered by the petitioner, this court is inclined to grant bail to the petitioner, subjectto the following conditions: 7. Accordingly, the petitioner is ordered to be released on bail on executing abond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with twosureties, each for a like sum to the satisfaction of the learned Judicial MagistrateNo.1, Tanjore, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in thesurety bond and the Magistrate may obtain a copy of their Aadhar card or Bank passBook to ensure their identity.[b] The petitioner shall furnish his residential address and contact number tothe learned Judicial Magistrate No.1, Tanjore District. If the petitioner changes hisresidential address, he shall report the same to the learned Judicial Magistrate No.1,5/8 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.10999 of 2025Tanjore District;[c] the petitioner shall appear and sign before the respondent police daily twotimes at 10.30 a.m. and 05.00 p.m. until further orders.[d] the petitioner shall not abscond either during investigation or trial.[e] the petitioner shall not tamper with evidence or witness either duringinvestigation or trial.[f] On breach of any of the aforesaid conditions, the learned Magistrate/TrialCourt is entitled to take appropriate action against the petitioner in accordance withlaw as if the conditions have been imposed and the petitioner released on bail by thelearned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Courtin P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].[g] If the accused thereafter absconds, a fresh FIR can be registered underSection 269 of BNS. 6/8 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.10999 of 20258. Accordingly, this Criminal Original Petition is allowed. Consequently,connected Crl.M.P(MD).No.8895 of 2025 is closed. sd/- 09/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023. EBSITO1. THE JUDICIAL MAGISTRATE NO.1, TANJORE DISTRICT. 2. THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM.3. THE OFFICER INCHARGE, SUB JAIL, TANJORE DISTRICT. 4. THE INSPECTOR OF POLICE, TANJORE TOWN POLICE STATION, TANJORE, TANJORE DISTRICT. 7/8 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.10999 of 20255. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD).No.10999 of 2025andCRL.M.P(MD) No.8895 of 2025 Date :09/07/2025 PR/10.07 .2025 8P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 8/8