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Judgment
S.Srimathy, J
The petitioners, who were arrested and remanded to judicial custody on 31.10.2025 for the offences punishable under section 318(4) of BNS, 2023 and Section 66(D) of Information Technology Act, , in Crime No.17 of 2025 on the file of the respondent police. seeks bail.
The case of the prosecution is that the petitioners have received a sum of Rs.77,000/- through online from the Defacto complainant for the purpose to purchase bricks from the petitioners. Since the petitioners have failed to supply goods and thereby cheated the Defacto complainant Hence, the complaint.
The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court and they are in judicial custody from 31.10.2025. Hence, he seeks bail to the petitioners.
The learned Government Advocate (Crl.Side) submitted that there are previous cases pending against the petitioners. Hence, he opposed for grant of bail to the petitioners.
Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant interim bail to the petitioners till 20.01.2026, subject to the following conditions:
Accordingly, the petitioners are ordered to be released on interim bail on executing their own bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Pudukkottai, and on further conditions that :-
[b] the petitioner shall report before the respondent police daily at 10.30 a.m., till 20.01.2026.
[c] the petitioner shall not abscond either during investigation or trial.
[d] the petitioner shall not tamper with evidence or witness 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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
Post the matter on 20.01.2026.