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Judgment
The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 12.06.2026, for the offences punishable under Sections 406 and 420 of IPC, in Crime No.142 of 2021 on the file of the respondent police, seeks bail.
The allegation against the petitioner is that he induced the defacto complainant by promising to arrange a loan and, on such representation, collected 9 sovereigns of gold and a sum of Rs.10,000 from the defacto complainant. Thereafter, he allegedly cheated the defacto complainant by failing to fulfil his promise. The petitioner had already been arrested in connection with another case, and the respondent police formally arrested him in the present case on 20.11.2025. Hence, the case.
The learned counsel appearing for the petitioner submitted that a false case has been foisted against the petitioner. He further submitted that the petitioner is innocent and is willing to cooperate with the trial proceedings and abide by any condition that may be imposed by this Court. Accordingly, he prayed for the grant of bail to the petitioner.
The learned Counsel appearing for the State (Criminal Side) reiterated the prosecution case and submitted that the petitioner had cheated the defacto complainant by collecting money and gold on the false promise of arranging a loan. He further submitted that the investigation has been completed and the final report has been filed. The case has been taken on file in C.C. No.113 of 2026 on the file of the learned Judicial Magistrate No.II, Sattur. He also submitted that the petitioner has five previous criminal cases to his credit. Therefore, he opposed the grant of bail to the petitioner.
This Court has carefully considered the rival submissions and perused the materials available on record.
Considering the facts and circumstances of the case, the period of incarceration already undergone by the petitioner, and the fact that the investigation is completed, the final report has been filed, and the case has been taken on file, 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 condition to execute a bond for a sum of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sattur, Virudhunagar District and on further conditions that:
[b] the petitioner shall report before the Trial Court on all working days at 10.30 a.m. until further orders;
[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;
[d] the petitioner shall not abscond either during investigation or trial;
[e] 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence;
[f] 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 51730].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.