Darbindas vs The State Rep By The Inspector Of Police

The petitioner, who was arrested on 10.08.2026 at 12.30 hours and remanded to judicial custody on 11.08.2026 for the alleged offences punishable under Section 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.341 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner (A1) impersonated himself as a Government employee and produced fake identification cards. By doing so, he dishonestly induced the de facto complainant to purchase an Innova car and gold through a purported government auction and received a sum of Rs.55,70,000/-. Thereafter, neither the car nor the gold was delivered, and the amount was misappropriated, thereby cheating the de facto complainant. Upon the complaint, the respondent police registered the present case.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and that the transaction, even if taken on face value, arises out of a contractual or monetary dispute. He further submitted that the petitioner has been in continuous judicial custody since 11.08.2026, a substantial part of the investigation has already been completed, and further custodial interrogation is no longer required. Hence, he prayed for the enlargement of the petitioner on bail.

The learned Government Advocate (Criminal Side) opposed the grant of bail, submitting that the petitioner committed a serious offence by impersonating a public servant and using fabricated documents to defraud the de facto complainant to the tune of Rs.55,70,000/-. He stated that the investigation is still at an active stage and if the petitioner is enlarged on bail, he might abscond or tamper with crucial prosecution evidence.

This Court has carefully considered the rival submissions and perused the materials available on record. Admittedly, the allegation involves an inducing amount of Rs.55,70,000/- under the guise of an auction purchase. However, taking into consideration the fact that the petitioner has been in continuous judicial custody since 11.08.2026 and evaluating the progress of the investigation alongside the nature of the dispute, this Court is of the opinion that further confinement of the petitioner is not warranted at this stage. Accordingly, this Court is inclined to grant bail to the petitioner, subject to strict conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Coimbatore, and on further conditions that:

[a] the sureties shall affix his photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure his identity;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

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

Registry is directed to forthwith upload this order in the Official Website of this Court.

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.