CRL OP No. 24353 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-09-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL OP No. 24353 of 2025 Periyasamy S/o.Muthulingam, No.109, South Street, Kizhiruppur, Panruti Taluk, Cuddalore District. Petitioner(s) Vs State, rep by Inspector of Police, District Crime Branch, Cuddalore. Crime No.37/2025 Respondent(s) CRL OP No. 24353 of 2025 PRAYER To enlarge the Petitioner on bail in Crime No.37 of 2025 on the file of the Respondent Police. For Petitioner(s): Mr. K.Raveendran For Respondent(s): Mr.A.Gopinath, Govt. Advocate (Crl. Side) For Intervenor: Mr.K.Muthu Ganesapandian 1/8 https://www.mhc.tn.gov.in/judis CRL OP No. 24353 of 2025 ORDER The petitioner, who was arrested and remanded to judicial custody on 04.08.2025 for the alleged offence under Section 420, 506(i) of I.P.C. in Crime No.37 of 2025 on the file of the respondent police, seeks bail. 2. The case of prosecution is that the petitioner cheated the defacto complainant by not sending cashewnuts load as per the terms though the amount of Rs.12,73,025/- received by him for the said load. Hence, the complaint was registered against the petitioner. 3. The learned counsel appearing for petitioner submitted that he has been falsely implicated in this case as if he cheated the defacto complainant by not supplying cashewnuts as per the terms. But, in fact, he is no way connected with the offence. He would submit that he has not at all committed any of offence as alleged by the respondent police and and he will abide by any condition that may be imposed by this court. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 35 days from 04.08.2025. Hence, he prayed to grant bail to the petitioners. 2/8 https://www.mhc.tn.gov.in/judis CRL OP No. 24353 of 2025 4. The learned counsel for Intervenor raised objections stating that nearly about Rs.12,73,025/- sent to the account of petitioner, but he has not supplied cashewnuts as per the terms and he has sent the quantity only for Rs.80,000/- and the goods for the remaining amount of around Rs.12,73,000/- is in due. He would also submit that all the amounts were sent to the petitioner's account through RTGS. To that effect, in F.I.R. they have given particulars. Hence, he prayed to dismiss this petition. 5. The learned Government Advocate (Crl. Side) appearing for respondent raised objections stating that there was a business transaction between them, in which, though the amount for supply of total cashewnuts received, the petitioner has supplied goods only for an amount of Rs.80,000/- and the remaining amount is in due. He would also submit that so far, the amount was not recovered and at this stage, if he is released on bail, he would hamper the investigation and tamper the witnesses and the investigation is almost completed and no previous case pending against him. However, he would vehemently opposed to grant bail to the petitioner. 6. Considering the facts and circumstances and the fact that the it is a business transaction between the petitioner and defacto complainant, investigation almost completed, no previous case pending against him and considering the period of incarceration undergone by the petitioner from 3/8 https://www.mhc.tn.gov.in/judis CRL OP No. 24353 of 2025 04.08.2025 for more than 35 days, this Court is inclined to grant bail to the petitioner with certain conditions. 7. Accordingly, the petitioner is directed to deposit a sum of Rs.7,00,000/- (Rupees seven lakhs only) into the credit of Crime No.37 of 2025 before the concerned Magistrate within a period of two weeks from the date of receipt of copy of this order and on such deposit, the defacto complainant is permitted to withdraw the amount on filing undertaking affidavit and on production of proper identification and acknowledgement. On such deposit, the petitioner is ordered to be released on bail on executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which one surety must be a blood surety for a like sum to the satisfaction of the Judicial Magistrate No.I, Panruti, and on further conditions that:: (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; (b) the petitioner shall report before the respondent police on alternative days at 10.30 a.m. for the period of three months. 4/8 https://www.mhc.tn.gov.in/judis CRL OP No. 24353 of 2025 (c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or 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]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. Reporting compliance on 16.10.2025. 08-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No rpp To 1.The Judicial Magistrate No.I, Panruti. 2.The Inspector of Police, District Crime Branch, Cuddalore. 5/8 https://www.mhc.tn.gov.in/judis CRL OP No. 24353 of 2025 3. The Superintendent of Prison, Central Prison, Cuddalore. 4.The Public Prosecutor, High Court, Madras Note :- 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. 6/8 https://www.mhc.tn.gov.in/judis CRL OP No. 24353 of 2025 7/8 https://www.mhc.tn.gov.in/judis CRL OP No. 24353 of 2025 T.V.THAMILSELVI J. rpp CRL OP No. 24353 of 2025 08-09-2025 8/8 https://www.mhc.tn.gov.in/judis